Showing : 381-390 of 580 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2009
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
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...........

Showing : 381-390 of 580 Results