This recent judgment of Supreme Court (SC) in BHASKAR LAL SHARMA Versus MONICA case has made it to front columns of most newspapers.Full judgment is here:Given that it is an SC judgment, it automatically sets binding precedent for further cases which may have similarity. For purpose of IPC 498A, following portion of judgment could be of value in setting precedent about what constitutes Cruelty under IPC 498A:The allegations relating to the place where the marriage took place has nothing to do with an offence under Section 498A of the IPC. Allegations that appellant No.2 kicked the respondent with her leg and told her that her mother to be a liar may make out some other offence but not the one punishable under Section 498A. Similarly her allegations that the … [Read more...] about MIL kicking DIL is not cruelty under 498A
Commando Gyan
Domestic Violence act applicable for violence before DV Act came into force
From Chennai HC judgment here:Unfortunately the PDF does not allow text excerpt to be copied. Pls read carefully Sec 8 of judgment below. It says that Domestic Violence act (PWDVA) can be applicable for act of violence before DV act came into force i.e 26 Jun 2006.http://www.box.net/shared/4qapi58xetFrom another Chennai HC judgment at this site:http://www.lawyerscollective.org/sites/default/files/sarvankumar%20full%20text.doc6. Though the allegations made against the petitioner by the respondent relates to the occurrence that has taken place on 27.6.2006, one of the allegations is that the respondent and the child have been driven out of the household and they are unable to maintain themselves. It is not the case of the petitioner that the respondent and the child are living in the house … [Read more...] about Domestic Violence act applicable for violence before DV Act came into force
Sequence of events in 498A case
Check out the whole gyan here courtesy a SIFF member:http://ipc498a.wordpress.com/2009/07/09/sequence-of-events-in-a-498a-fir/ … [Read more...] about Sequence of events in 498A case
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