April 22, 0. The prosecution of the appellant is not at all legitimate, rather it is frivolous, vexatious, unwarranted and abuse of process. For the past and one and-a-half years the petitioner is in prison. Hence a person can be prosecuted in respect of both the offences punishable under section 4 of the Dowry Prohibition Act and this section. Till then the Courts have to take care of the situation within the existing frame work. The Court also referred to other cases for gauging the scope of cruelty such as Mohd.

Allegations of dowry demands are also difficult to imbibe. Log into your account. What the court does is call the woman hyper- sensitive [11] or of low tolerance level and having an unstable mind [12]. November 9, 0. Police after thorough investigation found offence under Section A, IPC made out against husband only and rightly so. Inconsistency between two dying declarations:

With due deliberations, the Hon’ble Supreme Court was pleased to modify the directions issued in Rajesh Sharma case.

Delhi High Court Return of charge-sheet on ground of lack of jurisdiction. This should be clearly elaborated to remove loopholes in the law. But as has been rightly contended by the petitioner many instances have come to light where the complaints are not bona fide and have been filed with oblique motive. Both Orders Set Aside.

xase The avowed object is to combat the menace of dowry death and cruelty. That act does not amount to cruelty to her under Section A I. Nowhere near date of death demand for dowry was made. This section gives wide discretion to the courts in the matters of interpretation of the words occurring in the laws and also in matters of awarding punishment.


case study ipc 498a

Gnanendra And Ors Court: This was simply because According to the court, even though there were dowry demands in the past, the court felt that Proximity of the death to be caused due to such a demand was unlikely [17].

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case study ipc 498a

The State of Karnataka Court: Proceedings qua accused Nos. FIR registered in order to wreak vengeance.

The Supreme Court, in the case of Ramgopal v. Thereafter, in the case of Preeti Gupta vs. A comment posted 5 months ago was csse published. A comment posted 7 years ago was not published. June 19, 0. Jewels given to her are with her parents. Chhattisgarh High Court Nothing on record to show that appellant committed any cruelty with deceased — PW4 doctor stated that deceased was suffering from some sickness and under treatment — No case is made out against appellant under SectionIPC — Conviction and sentence imposed upon appellant ilc aside.

The avowed object is to combat the menace of dowry death and cruelty [3].


Important Judgments on Section 498A of IPC

The proceedings against her are quashed. This is too wide available and generalized statement. Nadkarni and Senior Advocate Sri V. Trial Court Rightly Discharged Respondents: Evidence of PW1 reveals that she was not able to adjust herself to matrimonial house and started living with her parents. October 3, 0. Husband wins appeal on a case at Sessions court and wife goes on appeal before AP HC which is not yet finished! The first mention of this term is found in Gautama Dharma sutra.

Section A I.P.C.- Its Use & Misuse – Experts & Views – Legally India

Nevertheless, the law has been always justified based on its intention of protecting caase. These general provisions under criminal law do not take into account the specific situation of women facing violence within confines of home as against assault by an outsider or a stranger. All this would clearly show that the complainant was seeking personal vendetta without there being any sufficient grounds….

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