http://www.indiankanoon.org/doc/1440610/ //////////// IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.574 OF 2010 [arising out of SLP(Crl.)No.3562 of 2009] K. NEELAVENI ….. APPELLANT VERSUS STATE REP. BY INSP. OF POLICE & ORS. …..RESPONDENTS J U D G M E N T HON. C.K. PRASAD, J. Leave granted. 1. The appellant-wife aggrieved by the order dated 29th September, 2008 passed by the High Court of Judicature at Madras in Criminal O.P. No. 23473 of 2008, whereby it had quashed the charge sheet under Sections 406 and 494 of the Indian Penal Code, has preferred this appeal seeking special …[Continue Reading]
SC Judgment: Proving cruelty must for conviction under IPC 304-B
http://www.deccanherald.com/content/70500/sc-prove-cruelty-dowry-death.html New Delhi,May 19, pti: The Supreme Court has held that husband or other family members can be convicted for dowry death only if it is proved that the wife was subjected to cruelty or harassment in pursuit of the demand and not on mere presumption. The apex court said Section 304-B (dowry death) can be invoked against the accused only if there is material evidence to support the allegation and not on mere presumption that the victim died within seven years of marriage. Under Section 304-B read with Section 113-B of the Indian Evidence Act, a husband and his …[Continue Reading]
Divorce granted by foreign courts is valid in India
Important points are made bold in Supreme Court judgment below. The high court did not even look at the basic facts of divorce certificate’s date and alleged second marriage date. No wonder there are more than 3 crore pending cases in Indian courts, when a high court does not seem to notice what a clerk can notice casually. Tue Nov 17, 2009 3:08 am (PST) IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2122 OF 2009 (Arising out of SLP(Crl.) No. 5910/2006) Pashaura Singh …Appellant Versus State of Punjab & Anr. …Respondents JUDGEMENT R.M. Lodha, J. Leave …[Continue Reading]
Special Leave Petition can be rejected if based on false statements
Following SC judgment says that appeal to supreme court known as special leave petition (SLP) under Article 136 of the Indian constitution can be rejected if the statements made by appellant are found to be false. Also article 136 does not grant a right to any party to appeal. Article 136 of constitution is given below: 136. (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of …[Continue Reading]
Man accused of rape has to settle with ‘victim’
This kind of news reporting can only bias the reader into believing the headline when the actual news is something else. e.g. the headline for news item below says: “Rapist pays victim, goes free”. The actual headline should be something like: “ Man accused of rape pays alleged victim, goes free”. Anyway…http://www.dnaindia.com/india/report_rapist-pays-victim-goes-free_1353515 New Delhi: In an unprecedented order, on February 22, the Supreme Court directed that the FIR against rape accused, Arun Goyal be quashed as he had reached a ‘settlement’ with the victim by paying her Rs4 lakh.Legal experts believe that this order dilutes the gravity of rape as …[Continue Reading]
SC Judgment on factors deciding quantum of maintenance under CrPC 125
The basic learning from this judgment seems to be that wife’s property, income sources must be considered in CrPC 125. Also, the order of maintenance if made to pay from date of application, need not record the reasons for doing so. In general it is payable from date of order. The full text of judgment is below. The important portions are made bold so you can read them for a quick understanding of the main points. —————————————————————————————- *Court* : Supreme Court of India *Brief* : : Section 125 Cr.P.C. Quantum of maintenance *Citation : *CIVIL APPEAL NO. 4666 OF 2008 …[Continue Reading]
Only SC can waive 6 months off mutual divorce, and grant irretrievable breakdown divorce
This supreme court judgment of Sep 2009 is important on 2 counts: 1. It lays down the condition that only Supreme Court can grant divorce under Sec 142 of constitution on grounds of irretrievable breakdown of marriage. The High courts and lower courts do not have this power. 2. Only the Supreme Court can, in exercise of its extraordinary powers under Article 142 of the Constitution, convert a proceeding under Section 13 of the Hindu Marriage Act, 1955, into one under Section 13-B and pass a decree for mutual divorce, without waiting for the statutory period of six months, none …[Continue Reading]
Supreme Court judgment which says Indian women will not lie about rape
The judgment is about a rape of a minor where appeal of accused was rightly denied. All the courts starting from sessions court, High court, and Supreme Court have examined the statements, evidences etc and they all point to the crime. Any sexual intercourse with girl less than 16 years old is automatically defined as Rape as per Sec 375, (5) But the disturbing part is the unnecessary statement in the judgment that an Indian woman will not lie about rape. I will cover that issue separately. Here is the full judgment below with the particular statement in bold. ——————————————————-REPORTABLE …[Continue Reading]
False rape allegation can lead to prosecution under Perjury
The headline says it all. It should be common sense, but common sense is something people not expect from Indian courts, because to take just one example — common sense, and jurisprudence says that “justice delayed is justice denied”… we know the rest. Now the full SC judgment below. Read the sentences in bold if you cannot read it all: ——————————————————————–IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRL.) NOS. OF 2008 (CRIMINAL MISC. PETITIONNOS.8515-8516 OF 2008) Mahila Vinod Kumar i ….. Petitioner Versus State of Madhya Pradesh …..Respondent JUDGMENT Dr. ARIJIT PASAYAT, J. 1. Heard …[Continue Reading]
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