This Allahabad High judgment disallowed discharge of accused under CrPC 239 on grounds of sufficient evidence against the accused in the case diary. Many husbands facing false 498a think of applying for discharge using CrPC 239 route so they should weigh their 498a case strategy using the following point from judgment as a guideline. At the stage of framing charge the criteria for consideration is whether the unrebutted evidence of the prosecution can result into conviction of the accused. If the answer is in affirmative, the accused is to be charged, and if the answer is in negative, the accused is to be discharged. Full judgment below with important points in bold: http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?method=A&judgmentID=42311 HIGH COURT OF … [Read more...] about Discharge under CrPC 239
Law
What is Stridhan
From MOIA document at this link: http://www.498a.org/contents/publicity/MOIA_government.doc Any property or gift given to a woman before, at the time of marriage or later is her property May be gifted by anyone, even in-laws, friends She alone has the right to gift, will or dispose of her property as she desires No one else has a right on it Anyone who has a woman’s streedhan in her/his custody should return it to the actual owner within a stipulated time period If the trustee disposes of her property without her willing so the offender will be punished with imprisonment and fine If the woman dies without willing her property it goes to her sons/daughters and husband A list should be made of the gifts given during or just after marriage. There has to be two lists: one for the … [Read more...] about What is Stridhan
Judgments related to passport impounding
Check out the passport section here:http://www.family-harmony.org/index_files/importantjudgementspartIII.htm … [Read more...] about Judgments related to passport impounding
Definition and Meaning of Stridhana
At the outset, we may notice as to what is ‘Streedhana’In Rashmi Kumar (Smt.) vs. Mahesh Kumar Bhada [(1997) 2 SCC397], the meaning of Stridhana has been taken from Mayne’s Hindu Law &Usage (13thEdn.). It was opined:“9. A woman’s power of disposal, independentof her husband’s control, is not confined tosaudayika but extends to other properties as well.Devala says: “A woman’s maintenance (vritti),ornaments, perquisites (sulka), gains (labha), areher stridhana. She herself has the exclusive right toenjoy it. Her husband has no right to use it exceptin distress....” In N.R. Raghavachariar’s HinduLaw — Principles and Precedents, (8th Edn.)edited by Prof. S. Venkataraman, one of therenowned Professors of Hindu Law para 468 … [Read more...] about Definition and Meaning of Stridhana
Grounds for FIR Quash – 2
In Devendra & Ors. vs. State of U.P. & Anr. [2009 (7) SCALE 613],it has been held:“26. There is no dispute with regard to theaforementioned propositions of law. However, itis now well-settled that the High Court ordinarilywould exercise its jurisdiction under Section 482of the Code of Criminal Procedure if theallegations made in the First Information Report,even if given face value and taken to be correct intheir entirety, do not make out any offence. Whenthe allegations made in the First InformationReport or the evidences collected duringinvestigation do not satisfy the ingredients of anoffence, the superior courts would not encourageharassment of a person in a criminal court fornothing.” … [Read more...] about Grounds for FIR Quash – 2
Grounds for FIR Quash – 1
Grounds for quash for FIR are given from a Supreme Court judgment below:----------------------------------------------------------------The jurisdiction of the High Court to quash an order of summoningand/or a criminal proceeding as also this Court are well known. The partieshave relied upon the decisions of this Court in State of Haryana vs. BhajanLal [1992 (Supp.) 1 SCC 335]. We may notice the categories 1, 3, 5 and 7mentioned in Para 102 of the said decision, which are as under:“(1) Where the allegations made in the firstinformation report or the complaint, even if theyare taken at their face value and accepted in theirentirety do not prima facie constitute any offenceor make out a case against the accused.xxx xxx xxx(3) Where the uncontroverted allegations madein … [Read more...] about Grounds for FIR Quash – 1