Evidence Act, 1872, Section 113A, 113B-- Distinction - Different terminology is used in the two provisions - Whereas in S.113-A words used are `may presume' whereas in S.113-B word `may' is substituted by `shall' - S.113-A relates to S.306 of IPC wherein presumption is there against an accused but onus on accused is not as heavy as in..........
Indian Penal Code, 1860, Section 306, Dowry Prohibition Act, 1961, Section 4, Evidence Act, 1872, Section 113A-- Suicide - Within seven years of marriage - U/s 113-A of Evidence Act Court `may presume' having regard to all the other circumstances of the case, an abetment of suicide - In such a case onus does not shifts exclusively and heavily on an accused - Accused acquitted in view of sketchy ocular..........
Indian Penal Code, 1860, Section 304B, 498A-- Dowry death - Cruelty - Acquittal - Revision - Held, High Court in its revisional jurisdiction is not required to re-appreciate and re-appraise evidence to reach a finding different from trial court at the instance of a private party - In its revisional jurisdiction, at the instance of a private..........
Indian Penal Code, 1860, Section 498A-- Acquittal by trial Court - Conviction by High Court - Trial Court & High Court categorically held that no suicide has been established - There is no evidence of demand of dowry - S.498-A IPC has no application in the facts and circumstances of the case - Appellant acquitted of the charge u/s 498-A..........
Will-- Suspicious circumstances - Will got scribed in Tehsil Complex from regular deed writer but not got registered - Exclusion of daughter on ground that sufficient property was given to her as dowry at the time of her marriage but no evidence placed on record to prove this fact - Beneficiaries of Will..........
Indian Penal Code, 1860, Section 304B-- Dowry death - Suicide by wife - Offence against husband, his father, mother and two brothers - There was no demand of dowry at the time of marriage or thereafter - It was the husband who lodged report with the police - Demand of money for construction of house - Father of deceased and his family..........
Indian Penal Code, 1860, Section 498A, 406, 302, 120B, Criminal Procedure Code, 1973, Section 194-- Ill treatment for demand of dowry - However in divorce proceedings admission that accused never ill treated the wife - Two contradictory versions in two different Courts of law - Order of trial Court to face regular trial for giving or fabricating false evidence in judicial proceedings - Order..........
Indian Penal Code, 1860, Section 304B-- Dowry dead - In cases of dowry deaths and suicides, circumstantial evidence plays an important role and inferences can be drawn on the basis of such evidence - That could be either direct or indirect...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B-- Dowry death - Soon before her death the victim was subjected to cruelty - Soon before depends upon circumstances of each case - There can be no strait jacket formula which can lay down as to what would constitute a period of soon before the occurrence - Soon before normally implies that the..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B-- Dowry death - In order to attract the provisions, one of the essential ingredients is that the `woman' must have been `soon before her death' subjected to cruelty or harassment `for, or in connection with the demand for dowry...........
