GUJARAT HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304B, 306-- Dowry death - Prosecution evidence to the effect that deceased was subjected to cruelty not only because of dowry demand but also because of the fact that she was barren - Charge framed against accused u/s 304-B alone - Held, defence of accused cannot be said to have been adversely prejudiced..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 10, Rule 2, Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 195-- Examination of a party U.O.10.R.2 CPC - False answers given - Court cannot prosecute that party u/s 340 Cr.P.C. read with S.195 IPC...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304B, 498A-- Dowry death - Use of words 'harassed' or 'tortured' by a witness without describing exact conduct of accused which amounted to harassment or torture - May not be believed by a Court in a case u/ss 498-A and 304-B IPC...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304B, 498A-- Demand of dowry - By itself not a offence u/s 498-A or 304-B IPC - It is act of cruelty or harassment by the husband or the relative of the husband on a woman, in connection with dowry demand which is punishable...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304B, 498A-- Dowry death - Demand of scooter - Allegation of demand against husband, his mother and brother - Death of bride by burning - No evidence as to what was the exact act and conduct of mother and brother by which deceased felt tortured - Conviction of mother and brother set aside - Husband used to..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B, 498A-- Offence u/ss 304-B, 498-A IPC - Presumption - Only when it is shown that soon before her death a woman was subjected by any person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death within the meaning of..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 420, 466, 467, 468, 471, Criminal Procedure Code, 1973, Section 482-- Forged document handed over to Advocate who produced it in Court - Advocate cannot be held liable for producing a forged document in Court - Advocate in no way is the beneficiary if the said document is ultimately accepted or rejected - It is ultimately the person who would have received some..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 213, 217, Prevention of Corruption Act, 1988, Section 7, 10-- Anticipatory bail - Corruption case - FIR lodged that accused, a police officer took illegal gratification to hush up a theft case - Accused sought anticipatory bail and same declined - Held, nature of crime, warrants, custodial interrogation of the accused...........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304, 354-- Accused came at place of occurrence and started beating deceased with Lathis, Dandas, Fists and kicks etc. resulting into his death - Testimony of eye witnesses reliable and corroborated by medical evidence - Offence proved beyond reasonable doubt - Conviction u/s 304 IPC, held, proper - Nothing..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 374-- Death of a woman by burning - In the dying declaration she stated that burnt herself as she had quarrel with accused (husband) - Trial court convicted and sentenced accused to four years - High Court enhanced sentence to 6 years - Held, enhancement of sentence not justified - Trial court gave..........