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Smt. Sarla Mudgal, President, Kalyani and Others Vs. Union of India an ...
Supreme Court of India
May-10-1995
Criminal
Indian Penal Code (IPC), 1860 - Sections 494; Constitution of India - Articles 14, 25, 26, 27, 28, 32 and 44; Hindu Marriage Act, 1955 - Sections 11, 13 and 15; The Hindu Succession Act, 1956; Hindu Minority and Guardianship Act, 1956; Hindu Adoptions and Maintenance Act, 1956
AIR1995SC1531; 1996(1)ALD(Cri)929; 1995(2)ALT(Cri)50; 1995(43)BLJR898; 1995CriLJ2926; II(1995)DMC351SC; JT1995(4)SC331; 1995(3)SCALE286; (1995)3SCC635; [1995]Supp1SCR250; 1
to be Hindu? Whether the apostate husband would be guilty of the offence under Section 494 of the Indian Penal Code (IPC)?3. These are four petitions under Article 32 of the Constitution of India. There are two petitioners in … and criminal justice was governed by the English common law. Finally the Indian Penal Code was enacted in 1860. This broad policy continued throughout the British regime until independence and the territory of India was partitioned by … party has ceased to be a Hindu by conversion to another religion'. Sections 11 and 15 of the Act is as under:-Void marriages. - Any
Tag this Judgment! AI Brief & AskS. Radhika Sameena Vs. the S.H.O., Habeebnagar Police Station, Hyderab ...
Andhra Pradesh
Sep-06-1996
Criminal
Indian Penal Code (IPC), 1860 - Sections 494 and 495; Code of Criminal Procedure (CrPC) , 1973 - Sections 198(1)
1996(4)ALD1; 1996(2)ALD(Cri)743; 1996(4)ALT73; 1997CriLJ1655; I(1997)DMC132
contracts any other marriage shall be subject to the penalties provided in Sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), for the offence of marrying again during the lifetime of a husband or wife, … contracts a second marriage, he shall be deemed to have committed an offence under Section 494 or 495 IPC. Section 44 of the Special Marriage Act lays down : '44. Punishment for bigamy :- Every person whose
Tag this Judgment! AI Brief & AskRam Abhilakh Vs. State of U.P. and ors.
Supreme Court of India
Feb-02-2007
Criminal
Indian Penal Code (IPC), 1860 - Sections 494; Code of Criminal Procedure (CrPC) , 1973 - Sections 397
2007CriLJ1439; I(2007)DMC431SC; 2007(2)SCALE426; (2007)3SCC155
marriage with respondent No. 2 was subsisting and thereby he committed offence punishable under Section 494 of the Indian Penal Code, 1860 (in short the 'IPC'). Learned First Additional Chief Judicial Magistrate, Raebareli held that the appellant was guilty. … second time though his marriage with respondent No. 2 was subsisting and thereby he committed offence punishable under Section 494 of the Indian Penal Code, 1860 (in short the 'IPC'). Learned First Additional Chief Judicial Magistrate, Raebareli
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
B.M. Uttappa Vs. K.U. Sumi
Karnataka
Aug-28-2008
Criminal
Hindu Marriage Act, 1955 - Sections 3, 5, 5(1), 9, 11 and 17; Indian Penal Code (IPC), 1860 - Sections 494 and 495; Code of Criminal Procedure (CrPC) - Sections 320; Hindu Mitakshara Law
2009CriLJ639; ILR2008KAR4963
either party had a husband or wife living and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860) shall apply accordingly.23. The marriage cannot be solemnized during the life time of husband and … 25th June 2007.2. Respondent is the complainant. She filed a complaint for an offence punishable under Section 494 IPC. Her case is that, accused is her husband and the marriage was according to Kodava Community custom and
Tag this Judgment! AI Brief & AskSunil Pillai Vs. Union of India (Uoi)
Madhya Pradesh
Jan-17-2003
Criminal
Code of Criminal Procedure (CrPC) , 1974 - Sections 198, 198(1) and 320(2); Indian Penal Code (IPC), 1860 - Sections 494
2003(2)MPHT459
Code') whereby certain persons have been exclusively authorised to compound the offence punishable under Section 494 of the Indian Penal Code (in short 'the IPC') as ultra vires.2. It is averred in the petition that the petitioner is a … aggrieved by an offence punishable under Section 494 or Section 495 of the Indian Penal Code (45 of 1860), is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or … the writ petitioner Chapter XX of the IPC engulfs certain provisions, viz. Sections 493 and 498 alongwith other offences. Section 494 of the IPC has
Tag this Judgment! AI Brief & AskSow. Swati SachIn Mahajan (Pagare) Vs. the State of Maharashtra
Mumbai
May-04-2007
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 156, 156(1), 156(3), 190, 193, 198 and 198(1); Indian Penal Code (IPC), 1860 - Sections 34, 109, 494 and 495
I(2008)DMC79
the court of Judicial Magistrate (First Class), Rahuri, under Sections 494, 109 read with Section 34 of the Indian Penal Code. In the said complaint, the afore said order came to be passed on 2nd February 2007. Being aggrieved … offence punishable under Chapter XX of the Indian Penal code (45 of 1860), except upon a complaint made by some person aggrieved by the offence:Provided … Magistrate was right in calling police report when the offence was non-cognizable offence - Held, Section 494 of IPC being a non-cognizable offence, as per Section 198(1) of Cr.P.C the Court could not take cognizance on the
Tag this Judgment! AI Brief & AskAshok Kumar Mohanty Vs. State of Orissa
Orissa
Apr-07-2006
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 195, 195(1), 198, 198(4), 204 and 482; Indian Penal Code (IPC), 1860 - Sections 34, 109, 376, 494, 495, 498A, and 506; Dowry Prohibition Act - Sections 4
102(2006)CLT203; 2006(I)OLR777
offences against marriage- (I) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:Provided that-(a) where such … 1860(IPC) and Section 4 of Dowry Prohibition Act, 1961 - Initially criminal case lodged under Section 498A/494/506/34 of IPC and also under Section 4 of Act of 1961 against main accused persons - No specific complaints were … Chandra Srivastava and Ors. etc. etc. : 1984CriLJ926 argues that provision in Sections 195 and 198, Cr.P.C. stand at par with respect to sine qua
Tag this Judgment! AI Brief & AskReema Aggarwal Vs. Anupam and ors.
Supreme Court of India
Jan-08-2004
FamilyCriminal
Indian Penal Code (IPC), 1860 - Sections 304B, 307, 494 and 498A; ;Hindu Marriage Act, 1955 - Sections 5, 11, 16 and 27; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Dowry Prohibition Act, 1961 - Sections 2, 3, 4, 5 and 6; Dowry Prohibition (Amendment) Act, 1986 - Sections 2; ;Evidence Act, 1872 - Sections 113B
AIR2004SC1418; 2004(1)ALD(Cri)452; (2004)3CALLT16(SC); 2004CriLJ892; I(2004)DMC201SC; JT2004(1)SC177; 2004(2)KLT822(SC); 2004(1)SCALE264; (2004)3SCC199
charge sheet was placed and charges were framed for offences punishable under Sections 307 and 498-A of the Indian Penal Code, 1860 (for short the 'IPC'). Accused persons pleaded innocence. Seven witnesses were examined to further the prosecution version. … even in the case of gandharva marriages, ceremonies were required to be performed. To constitute bigamy under Section 494 IPC, the second marriage had to be a valid marriage duly solemnized and as it was not so
Tag this Judgment! AI Brief & AskSimachal Mishra Vs. State of Orissa
Orissa
Sep-04-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 155, 193, 195, 197, 198, 198(1), 198(2), 199, 238, 482 and 493 to 498; Indian Penal Code (IPC), 1860 - Sections 17, 34, 193, 195, 197, 198, 406, 494 and 498-A;
92(2001)CLT444; I(2002)DMC33; 2001(II)OLR381
offence punishale under Chapter XX of the Indian Penal Code (45 of 1860), except upon a complaint made by some person aggrieved by the offence … under section 198 of the Code, there is any scope for taking cognizance under section 491 of the Indian Penal Code (in short 'I, P. C.): For appreciating the position of law, facts, which are verymuch necessary, are set … 198 of the Code of Criminal Procedure, 1973 (Cr.PC) - Case registered against petitioner under aforesaid Sections of IPC - Trial court took cognizance and issued process - Petitioner filed writ application - Court directed petitioner to … 1997 was registered against the petitioner for offences punishable under sections 498A, 494 read with section 34 of the I. P, C. which was subsequently
Tag this Judgment! AI Brief & AskDhan Bai Vs. State of Rajasthan
Rajasthan
Jan-16-1998
Criminal
Indian Penal Code (IPC), 1860 - Sections 494; Code of Criminal Procedure (CrPC) , 1973 - Sections 120B, 155(2), 156(3), 182(2) and 198(1)
I(1999)DMC538; 1999(2)WLC149; 1998(1)WLN23
instructions. Penal Code, 1860 - Sections 494, 120B--Criminal Procedure Code, 1973--Sections 156(3), 182(2), 198(1)--Complaint under Sections 494, 120B IPC filed by person aggrieved within the meaning of Section 198(1) Cr. PC before a Court having jurisdiction where … 6 (for short the accused) was allowed and cognizance of offences under Sections 494 and 120B of the Indian Penal Code taken by the Special Judicial Magistrate, Alwar against the accused on February 23, 1993 was set aside.2. The
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