Court : Jharkhand
Decided on : May-10-2007
Reported in : 2009ACJ403; AIR2008Jhar14; [2007(3)JCR335(Jhr)]
..... and submitted that in the said case also, it was contended that permanent lok adalat has no jurisdiction to entertain the application under section 166 of the motor vehicles act, 1988 and to decide the motor accident claim cases for grant of compensation, but the said writ petition was dismissed holding that in the permanent lok adalat, the matters ..... faith with the permanent lok adalat in conciliation of the dispute and to produce the evidence and other related documents before it as required under section 22c(6) of the act.he relied on the order dated 11.5.2006 passed in w.p. (c) no. 1102 of 2006 (united india insurance co. ltd. v. mahanand rawani and ..... the respondents and the same will not come in the 'insurance service' as defined under 22a(b)(vi) of 'public utility service' under the legal services authorities act, 1987 (for short 'the act'). the owner, driver and insurer of the standing truck with which the car in question dashed are also liable, but they were not made parties.4. mr. .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-11-2007
Reported in : 2007(1)BLJR808; [2007(4)JCR635(Jhr)]
..... deceased was subjected to cruelty or harassment in connection with demand of dowry has not been established. therefore, legal presumption as envisaged under section 113b of the evidence act cannot be drawn against the appellant that he committed the dowry death of the deceased.6. in the aforesaid case of sham lal v. state of haryana (supra ..... cruelty or harassment and in absence of any such evidence, it is not permissible to take recourse to legal presumption envisaged under section 113b of the evidence act. the rule of evidence is prescribed in law to obviate the prosecution of the difficulty to further prove that the offence was perpetrated by the husband and ..... or physically 'soon before her death' in connection with non-fulfillment of demand of dowry. in this situation the presumption envisaged under section 113b of the evidence act cannot be drawn against the appellant that he committed the dowry death of his wife. there is no evidence on record even on the fact that the appellant .....
Tag this Judgment!Court : Jharkhand
Decided on : May-18-2007
Reported in : 2007(2)BLJR2925; 2007CriLJ4674; II(2007)DMC774
..... i.r. as lodged by the opposite party no. 2 is exhaustive and contains details of the incident and transactions, which had occurred and it specifies the various acts of cruelty inflicted by them physically and mentally on the informant on account of non-fulfillment of their demand for a tata sumo vehicle. learned counsel adds further ..... the several places including the matrimonial house of the informant at purnea and there is no allegation whatsoever that any of the petitioners had indulged in any offensive acts of causing cruelty to the informant either at the place where the house of the informant's father is situated i.e. at ghatshila or at any such ..... no territorial jurisdiction to entertain the complaint and proceed with the trial against the petitioners, since even according to the allegations in the f.i.r., the entire acts of offence as alleged against the petitioners, were confined to places other than the parental house of the complainant at ghatshila and not on any place within the .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-16-2007
Reported in : 2007(2)BLJR2013; [2007(3)JCR457(Jhr)]
..... her matrimonial house thereafter.9. while considering a similar situation the supreme court in the case of arun vyas v. anita vyas : 1999crilj3479 , held that the last act of cruelty would be starting point of limitation. in this case the date when the complainant was brought and left at her parents house for ever, would be the ..... had proceeded to record that a prima facie case appears against the husband-petitioner for the offence under section 498a i.p.c. and section 4 of the dowry prohibition act. accordingly the remaining persons, who are also cited as accused were not proceeded against.3. mr. a.k. chatruvedi, learned counsel appearing for the petitioner points out ..... were issued to the petitioners directing them to face trial for the offence under section 498a of the indian penal code and section 4 of the dowry prohibition act. the aforesaid order has been assailed mainly on the ground that the trial court has erred in taking cognizance of the offences beyond the period of limitation as .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-30-2007
Reported in : 2007(2)BLJR1324; 2007CriLJ3560; [2007(2)JCR298(Jhr)]
..... statement of the complainant recorded on solemn affirmation. even otherwise, it is not the case of the complainant that any ill treatment or cruelty or any act constituting the offence under section 498a ipc had occurred at the time when the marriage was solemnized. rather, it was admittedly a negotiated marriage agreed upon ..... petitioners and by suppressing the material facts that the petitioner no. 1/ husband had filed a matrimonial suit for divorce under section 13 of the hindu marriage act against the complainant / opposite party no. 2 which was registered as matrimonial suit no. 85 of 2005 in the court of district judge, hooghly, chinsura, ..... .2005b whereby learned sub divisional judicial magistrate, dhanbad has taken cognizance for the offences under section 498 ipc and section 3/4 of the dowry prohibition act against the petitioners and summons were issued directing their appearance for facing trial.2. the main ground advanced by the petitioners is the ground relating to jurisdiction .....
Tag this Judgment!Court : Jharkhand
Decided on : May-01-2007
Reported in : 2007(2)BLJR1779; II(2007)DMC494; [2007(4)JCR536(Jhr)]
..... there is no explanation as to the missing of limbs from its joints and a reasonable presumption is attracted against the appellants under section 113b of the evidence act who failed to show their innocence.in the aforesaid premises and discussion i have no hesitation to observe that the trial court has rightly held the appellants guilty for ..... to presumption of the charge under section 304b i.p.c. and the appellants failed to show their innocence as against such presumption under section 113b indian evidence act. even if it is presumed that the body recovered from the bank of barakar river was unidentifiable fulwa devi could not be recovered dead or alive in the ..... informant fula devi.4. the charges were framed against the appellant herein for the offence under section 304b/34, 201/34 i.p.c and not under dowry prohibition act. after framing of charge as many as 7 witnesses were produced and examined on behalf of the prosecution. besides, the prosecution proved the postmortem report ext. 1, .....
Tag this Judgment!Court : Jharkhand
Decided on : May-04-2007
Reported in : AIR2007Jhar104; 2007(2)BLJR1802; [2007(3)JCR4(Jhr)]
..... that is only after notice was issued by the family court on 27-3-1997 on the application filed by the appellant under section 13 of the hindu marriage act. the family court, on examination of the evidence on record, and having observed the demeanour of the witnesses concluded that the appellant had proved that the respondent is ..... as not pressed. the appellant further stated in the affidavit that the respondent lodged another case under section 498a i.p.c. and 3/4 of the dowry prohibition act which was registered as case no. 4423 of 1992. however, in the aforesaid case, the appellant was acquitted in terms of judgment dated 24.1.1997 passed by ..... alia, that after the respondent left ranchi in 1986, she lodged fir under sections 498a, 434, 324 of the indian penal code and under the sections of dowry prohibition act which were dismissed. the respondent, thereafter, filed complaint case no. 234 of 1988 which was also dismissed by judgment dated 28.8.1989 by the chief judicial magistrate, ranchi .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-26-2007
Reported in : [2008(1)JCR655(Jhr)]
..... did observe that it becomes the duty of the court to encourage genuine settlements in matrimonial dispute and any hyper-technical view would be counter productive and would act against the interest of a woman and against the object for which provision was added.6. keeping in view the above facts and circumstances as well as the ..... of the court to encourage genuine settlement in matrimonial dispute. the court goes on further to say that any hyper-technical view would be counter productive and would act against the interest of a woman and against the object for which provision was added.3. learned counsel appearing for the petitioners submits that keeping in view the ..... court, jamshedpur was also withdrawn and not only that a decree of divorce on mutual consent on filing application under section 13(2) of the hindu marriage act has already been passed by the competent court and under that situation a joint compromise petition has been filed before the court below but as the trial court would .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-27-2007
Reported in : 2008CriLJ2511
..... the ipc, the supreme court has observed as follows:the expression 'soon before her death' used in the substantive section 304b ipc and section 113b of the evidence act is present with the idea of proximity test. no definite period has been indicated and the expression 'soon before' is not defined. a reference to the expression ..... the conduct of both the appellants, as appearing from the evidences on record, do attract the offences both under sections 3 and 4 of the dowry prohibition act. the learned trial court has rightly recorded its finding of guilt against both the appellants for the aforesaid offences.10. as regards the circumstance under which the deceased ..... to have considered that the allegations in the fir is palpably false and even otherwise, allegations are general and omnibus in nature without attributing any specific overt act against any of the accused persons including the present appellants,c. that the trial court has erred in giving credence to the fir despite the fact that .....
Tag this Judgment!Court : Jharkhand
Decided on : May-04-2007
Reported in : [2008(1)JCR117(Jhr)]
..... cr.p.c.3. admittedly the petitioners have been charge-sheeted for the offences under sections 364, 498a of the indian penal code and 3/4 of the dowry prohibition act in connection with b.t.p.s. case no. 40 of 2001, remanded in judicial custody and their prayer for bail was earlier rejected by the same court on 6 .....
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