Court : Supreme Court of India
..... for offences punishable under sections 498 a, 403 and 406 of the indian penal code, 1860 (for short, ipc ) and sections 3 and 4 of the dowry prohibition act, 1961 (for short, the 1961 act ). during the course of the investigation into the said criminal appeal nos.1601 1602 of 2023 page 1 of 10 offences, the police issued a notice under ..... wife against the appellant and other family members for the offences punishable under sections 498 a, 403 and 406 of ipc and sections 3 and 4 of the 1961 act. prior to that, on 19th january 2021, the 3rd respondent issued a notice to the appellant, in which it was recorded that the police authorities have forwarded ..... followed the prescribed procedure in usa regarding lost passports. the condition of returning the passport of the 4th respondent could not have been imposed at all as the act of the passport officer of retaining the appellant s passport was completely illegal. therefore, the said respondent can make an application in a prescribed form to the .....
Tag this Judgment!Court : Karnataka
..... in view of the judgment of this court in the case shivcharan lal verma's case supra. so far as the conviction under sections 3 and 4 of the dowry prohibition act is concerned, the learned trial judge by an elaborate reasoning, arrived at after appreciation of evidence, has found that the prosecution has failed to prove the case beyond ..... kalindi. second, whether the conviction under section 306 could at all be sustained in the absence of any positive material to hold that mohini committed suicide because of any positive act on the part of either shiv charan or kalindi. there may be considerable force in the argument of mr khanduja, learned counsel for the appellant so - 9 - crl ..... she is the legally wedded wife of the petitioner. unless, it is established that, she is the legally wedded wife of the petitioner, the courts below ought to have acted upon the evidence of pws.1 and 2 that, pw.1 was the second wife. once pw.1 is considered as second wife of the petitioner, obviously, the complaint .....
Tag this Judgment!Court : Karnataka Dharwad
..... appropriate to grant him the benefit of a juvenile merely by adopting the principle of benevolent legislation but missing its vital implication that although the juvenile justice act by itself is a piece of benevolent legislation, the protection under the same cannot be made available to the accused who infact is not a juvenile but ..... of the juvenile.16. keeping in mind the above referred legal requirement for deciding the bail application of ccwl in terms of section 12 of the jj act, the social assessment report obtained by the jj board from dimhans, dharwad, as produced by the learned government pleader is perused though not in prescribed form ..... of justice." in view of the principles enunciated in the aforementioned judgment, it is evident that while dealing with the exceptions enumerated under section 12 of the jj act there must be material evidence on record to invoke exception a) known criminal, b) expose made to any morale, physical or psychological danger and c) 'defeats .....
Tag this Judgment!Court : Supreme Court of India
..... section 15(b) of the specific relief act, 1963, an implied prohibition cannot be read into the terms of the page 14 of 22 civil appeal no.9833 of 2014 documents. merely because in the documents, there is mention of ..... opinion expressed was that a long period of ten years was fixed for obtaining re-conveyance, no implied prohibition of transfer or assignment can be inferred in the document keeping in view the provisions of section 15(b) of the specific relief act. the relevant paras of the judgment are extracted below:- 13. in our considered opinion, in the absence ..... of any words or expressions in the documents indicating prohibition on assignment or transfer of right of repurchase and in the face of clear provisions of .....
Tag this Judgment!Court : Karnataka
..... record, has proceeded to acquit the accused persons for offences under sections 498a, 304b read with section 34 of the ipc and sections 3 and 4 of the dowry prohibition act. hence, the learned counsel for the appellants contends that the charges leveled against the accused persons having not been proved by the prosecution, the trial court has ..... the trial court being convinced with the evidence available on record, has acquitted the accused for offences under section 498a ipc besides sections 3 and 4 of the dowry prohibition act. in view of the fact that the trial court has acquitted the accused for the aforesaid offences, the main offence under section 302 read with section 34 ..... nos.1 to 3 for the offences punishable under sections 498a, 304b, 302 read with section 34 of the ipc and sections 3 and 4 of the dowry prohibition act.4. subsequent to criminal law being set into motion by recording an fir, the investigating officer had taken up the case for investigation and had investigated the .....
Tag this Judgment!Court : Karnataka
..... magistrate, bengaluru, arising out of crime no.15 of 2020, registered for offences punishable under sections 498a r/w. 34 of the ipc and section 4 of the dowry prohibition act, 1961.2. heard sri m.r.c. manohar, learned counsel appearing for the petitioner, smt. k.p. yashodha, learned high court government pleader for respondent no.1 and ..... no.15/2020) registered by j.p.nagar police bengaluru for the offence p/u/s.498-a r/w sec.34 of ipc and sec.4 of dowry prohibition act and the case is presently pending on the file honble xxx additional chief metropolitan magistrate, bengaluru. this criminal petition having been heard and reserved for orders on1306.2023 ..... md. ikram before the ld. principal judge purnea, to not harass the respondent wife herein for dowry, and treat her properly. however, despite the assurances, all accused continued their demands and harassment. it is thereby contended that the acts constitute a fresh cause of action and therefore the fir in question herein dated 01.04.19, .....
Tag this Judgment!Court : Karnataka
..... a crime in crime no.61 of 2022 registered for offences punishable under sections 498a, 307 and 506 of the ipc and sections 3 and 4 of the dowry prohibition act, 1961.2. shorn of unnecessary details, the facts in brief germane are as follows:- the petitioner is the sole accused and the 2nd respondent is his wife, the ..... of retaliation, the respondent no.2 filed complaint against all the petitioners assumes greater significance. therefore, the criminal case filed by the wife, in respect of cruelty, dowry harassment against the husband and in-laws loses its significance, in case the complaint is made, after receiving the divorce notice from her husband. hence, it is a ..... view to punish such people aforesaid, who would meet out harassment or torture to the wife to satisfy their unlawful demands of dowry.11. if the aforesaid hyper-technical contention is accepted, it would act against the interests of women and the object for which the provision was added. the enactment of the legislature with the .....
Tag this Judgment!Court : Supreme Court of India
..... of 2022 registered at police station ghazipur, uttar pradesh for offences punishable under section 498a, 323 and 354 of the indian penal code, 1860 and sections 3 & 4 of the dowry prohibition act, 1961. the petitioner has herself filed maintenance case no.749 of 2022 under section 125 of the code of criminal procedure, 1973, which is pending before the learned family court, lucknow ..... has been filed by the petitioner-wife seeking transfer of the divorce petition no.802 of 2022, filed by the respondent- husband under section 13(1) of the hindu marriage act, 1955, titled gaurav khatri versus mansi khatri pending before the learned principal judge, family court, indore, madhya pradesh to the family court, lucknow, uttar pradesh. 23. the parties married on .....
Tag this Judgment!Court : Supreme Court of India
..... day.76. both the crimes committed against the innocent six-year-old child, are unquestionably, malum in se i.e., evil and wrong on their own, without the prohibition of law making it so. this fact, coupled with the duty upon the investigating authorities not only to protect the citizens of the country, but also ensure fair ..... shed light on essential aspects- ganesh bheema and munna saroj went unexamined etc., such multitudinous lapses have compromised the quest to punish the doer of such a barbaric act in absolute peril.78. the charges mentioned above, although serious and grievous in nature, cannot be said to have been met against the present appellant. the factum ..... uncertain terms and unrefutedly, has deposed that devraj asked me that the clothes were hidden in the appellant s house and as to whether i was ready to act as a panch. (here pw13 the investigating officer is referred to as devraj). this totally shatters the prosecution case on the point of recovery pursuant to the alleged .....
Tag this Judgment!Court : Supreme Court of India
..... for sexual harassment (rule9) etc. it is noteworthy that sub-rule (3) of rule 7 68 the sexual harassment of women at work pace (prevention, prohibition and redressal) act, 2013 page 36 of 59 civil appeal no.2482 of 2014 provides that the respondent shall file his reply to the complaint within a stipulated time along ..... dignity of women. 63 the convention on the elimination of all forms of discrimination against women page 32 of 59 civil appeal no.2482 of 2014 workplace (prevention, prohibition and redressal) act, 201364 was enacted on 22nd april, 2013. (b) medha kotwal lele s case : follow up through continuing mandamus :49. after vishaka s case (supra), ..... 7th march, 1998 and subsequently, vide gsr823(e) dated 19th november, 2014. the said provision states as follows: - 3c. prohibition of sexual harassment of working women (1) no government servant shall indulge in any act of sexual harassment of any women at any work place. (2) every government servant who is incharge of a work place shall .....
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