Court : Chennai
Decided on : Feb-19-2007
Reported in : I(2007)DMC742
..... proceedings initiated against them for the alleged offences under sections 323, 406 and 498-a i.p.c. r/w 34 i.p.c. and section 4 of dowry prohibition act.2. the learned counsel for the petitioner submits that even on an earlier occasion the petitioners moved a petition for quashing the proceedings at the stage of f.i.r .....
Tag this Judgment!Court : Chennai
Decided on : Oct-06-2007
Reported in : 2008CriLJ774
..... the domestic affairs of first accused and, hence, she had not played any role in the matter, so as to attract the provisions of ipc and dowry prohibition act.6. as far as the first point, namely, territorial jurisdiction of first respondent is concerned, it was much said that the averments in the complaint would clinchingly show ..... of dowry prohibition act, the offence under section 494 ipc was framed against first accused alone.4. the contention of the petitioners in both the petitions are two folded, namely, (i) ..... .4. first respondent police, after investigation, laid charge sheet against the accused for the offences punishable under sections 498a and 494 ipc and section 4 of dowry prohibition act.3.5. on 02.02.2007, the trial court framed charges against the accused. while all the three accused were charged under section 498a ipc and section 4 .....
Tag this Judgment!Court : Chennai
Decided on : Aug-01-2007
Reported in : II(2007)DMC786
..... dowry a few months prior to her death. even if the said period can be treated as falling within the proximity range of 'soon before death', the said acts can be attributed only to ram pukar - the husband of the deceased sudama devi. none of the witnesses said either directly or indirectly that the present appellants did ..... for consideration in this appeal is whether the conviction and sentence against the appellant/a1 under sections 304(b) and 498a ipc and under section 4 of the dowry prohibition act would be sustainable for the reasons stated in the memorandum of appeal?9. heard mr. r.c. paul kanagaraj, learned counsel appearing for the appellant and mr. v ..... 1997 at 15.30 hours and hence the accused have been charged under sections 498a and 304(b) ipc and under section 4 and 6(2) of dowry prohibition act 1961. taking cognizance of the case, learned x metropolitan magistrate, egmore, chennai issued summons to the accused and on their appearance issued copies of documents under section 207 .....
Tag this Judgment!Court : Chennai
Decided on : Apr-25-2007
Reported in : II(2007)DMC457
..... this revision is whether any prima facie case has been made out against the accused to warrant conviction under section 498a, ipc and under section 4 of dowry prohibition act?13. the point: the revision has been preferred against the judgment of acquittal passed by the first appellate court. under such circumstances, the important point to be ..... convicted al under section 4 of dp act and sentenced to undergo 2 years rigorous imprisonment and a fine of rs. 500 with default sentence and convicted a2 under section 498a, ipc and sentenced to undergo ..... the learned trial judge has come to a conclusion that the prosecution has proved the guilt of the accused under section 498a, ipc and under section 4 of dp act, and accordingly convicted al under section 498a, ipc and sentenced to undergo 2 years rigorous imprisonment and imposed a fine of rs. 500 with default sentence and also .....
Tag this Judgment!Court : Chennai
Decided on : Nov-23-2007
Reported in : 2008CriLJ1087
..... found the accused not guilty and acquitted them of all the charges framed against them under section 304-b and 406 ipc and sections 4 and 6 of dowry prohibition act.5. the government has not preferred any appeal or revision against the acquittal, whereas p.w. 1, revision petitioner herein, has preferred this revision before this court. pending revision, the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-26-2007
Reported in : (2008)4MLJ1172
..... her. however, highly educated the people are, legal knowledge is not sufficient. even assuming that there was sufficient knowledge, even educated women are under compelling necessity to act according to the direction of the members of her family, because they are under the protective wing of the family. r.w. 1 was not given opportunity ..... need consider the further question as to whether their continuance or persistence over a period of time render, what normally would, otherwise, not be so serious an act to be so injurious and painful as to make the spouse charged with them genuinely and reasonably conclude that the maintenance of matrimonial home is not possible any ..... decisions of the honourable apex court relating to the definition of cruelty as it is well known that the term cruelty has not been defined in the hindu marriage act. the following decisions of the honourable apex court could fruitfully be cited:(i) savitri pandey v. prem chandra pandey reported in : [2002]1scr50 . an excerpt .....
Tag this Judgment!Court : Chennai
Decided on : Apr-27-2007
Reported in : 2007CriLJ4236
..... in that order that the respondent in that petition, viz., the petitioner herein should be given opportunity to file an application under section 5 of the limitation act to condone the delay in preferring the petition seeking the special leave as against the order of acquittal.23. it is also well settled as per the ..... anr. v. v. katiji reported in : (1987)illj500sc as follows,the legislature has conferred the power to condone delay by enacting section 5 of the indian limitation act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on merits'. the expression 'sufficient cause' employed by the legislature ..... contended by the learned counsel for the petitioner that the petitioner is the complainant in the case filed for the offence under section 138 of the negotiable instruments act in respect of dishonouring the cheque to the tune of rs. 3,50,000/-. the learned counsel for the petitioner further submitted that the petitioner challenged the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-26-2007
Reported in : [2008]296ITR358(Mad)
..... of the assessee holding that once the return of income was filed, even though the same was filed beyond the date specified under section 139(1) of the act, the income admitted in the said belated returns cannot be treated as an undisclosed income for the block assessment, since that information was available with the department even ..... tax payable - rs. 2,12,344------------accordingly, the assessing officer passed the order of demand dated 31.10.2002 under section 158bc(c) read with 158bd of the act.2.7. aggrieved by the same, the assessee preferred an appeal before the commissioner of income-tax (appeals), challenging the finding of the assessing officer that since the ..... total tax payable to the tune of rs.2,12,344/- was demanded, as per the following calculation, of course, reserving the penalty proceedings under section 158bfa(2) of the act, to be initiated separately:income tax at 60% - rs. 1,49,382surcharge at 15% - rs. 22,407------------rs. 1,71,789less: tax paid/adjusted - rs. 20 .....
Tag this Judgment!Court : Chennai
Decided on : Oct-12-2007
Reported in : LC2007(3)409; 2008(36)PTC315(Mad)
..... v. the life insurance corporation of india and ors. : (1969)iillj711sc and sushila devi v. ramanandan prasad : [1976]2scr845 that the provisions of the limitation act, 1963 apply only to proceedings in 'courts' and not to appeals or applications before bodies other than courts such as quasi-judicial tribunals or executive authorities, notwithstanding ..... considering the nature of the proceedings. the contention of the appellant that in view of the trips agreement and in view of the geographical indications act, the respondents are not entitled to maintain an application for rectification is required to be stated to be rejected. the aforesaid contentions were not raised ..... 2 seeking expunction of the impugned registered trade mark on the ground:(1) that the registration of impugned trade mark offends section 9 of the act on the ground that the mark was neither distinctive nor capable of distinguishing the registered proprietors' goods;(2) that the impugned registration also contravenes section .....
Tag this Judgment!Court : Chennai
Decided on : Feb-23-2007
Reported in : (2008)ILLJ43Mad
..... one year prior to their termination on 1.10.1984. (2) whether the respondent-management has complied with the mandates of section 25f of the industrial disputes act. (3) whether the petitioners are entitled to reinstatement with backwages and other attendant benefits. 5. points 1 to 3:learned counsel for the petitioners would ..... period of 12 calendar months preceding the date of termination. 12. this court in management of agricultural research station v. controlling authority under payment of gratuity act and ors. distinguishing the authority pronounced by the honourable supreme court in the afore- referred hadimani's case has held at para 8 of the judgment as ..... as it is established that retrenchment compensation had not been given at the time of terminating the petitioners as per section 25f(b) of the industrial disputes act, 1947, the order of termination under challenge is quashed and the respondent-management is directed to reinstate the petitioners in service and pay the backwages and .....
Tag this Judgment!