Court : Punjab and Haryana
..... to be strictly construed. dowry is a fairly well known social custom or practice in india. it is well settled principle of interpretation of statutes that if the act is passed with reference to a particular trade, business or transaction and words are used which everybody conversant with that trade, business or transaction knows or understands to ..... is normally understood. the evidence adduced by the prosecution does not, therefore, show that any demand for "dowry" as defined in section 2 of the dowry prohibition act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure. since an essential ingredient of section 304 ..... injuries in his presence. she had been subjected to cruelty within the meaning of section 498-a ipc and presumption in terms of section 113-a of the act is fully applicable to the facts of the instant case. therefore, appellant mam raj is guilty for the commission of an offence punishable u/s 306 ipc. .....
Tag this Judgment!Court : Punjab and Haryana
..... not made to suffer on account of unfounded, baseless and malicious allegations. it is equally indisputable that in many cases no direct evidence is available and the courts have to act on circumstantial evidence. while dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view. . lately, a tendency has developed for ..... made out against the petitioners as neither it was a case of deception either by making a false or misleading representation or by dishonest concealment or by any other act or omission or fraudulent or dishonest inducement on their part to deliver any property or to consent to kaur gurpreet 2013.09.25 10:58 crl. misc. no. ..... 2013.09.25 10:58 crl. misc. no.m-3685 of 2012 9 i attest to the accuracy and integrity of this document high court, chandigarh concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provison in the code or the concerned .....
Tag this Judgment!Court : Delhi
..... cases has increased to an alarming proportion giving an impression that there is no deterrence, despite rape laws have been made stringent through the recent amendment act, 2013. every act of rape and sexual assault on a woman deserves severe condemnation and award of requisite punishment in accordance with law but even out of such cases ..... further signifies that she was a tutored witness. counsel further pointed out that the prosecutrix in her cross-examination stated that the appellant had done similar wrong act with her elder sister pooja, but the said statement was not corroborated by the prosecution by proving the statement of her sister pooja in the witness box. ..... rage mutilates the whole family and every existing relation with the offender. the remorse that sets upon the offender subsequently cannot free the offender of the virulent act he committed. the question that perturbs us or rather desolates us by the recent alarming increase in number of rape cases how can an individual, even .....
Tag this Judgment!Court : Punjab and Haryana
..... directions for remedying and rectifying the things done in violation of its orders. the petitioners therein had given an undertaking to the bombay high court. they acted in breach of it. a learned single judge held them guilty of contempt and imposed a sentence of one month s imprisonment. in addition thereto, ..... the possession to the rightful claimants whose rights have been determined in the court proceedings. it would also inflict punishment in terms of the contempt of courts act besides imposing deterrent costs. the hon'ble supreme court in delhi development authority vs. skipper construction company (p) ltd. and another, air1996sc2005has observed as follows ..... of his legitimate possession by inducting his brother-in-law in the premises. when confronted with the prospect of adverse order under the contempt of courts act, possession was immediately restored to the landlord within hours and the civil suit withdrawn. there is a common thread running through all these cases including the .....
Tag this Judgment!Court : Chennai
..... advers.remarks on previous occasion for similar minor misconduct. if that is so, unauthorised absence during 1987, 1988 and 1989 will not amount to ".habitual doing of act". and equivalent to gross misconduct, warranting major punishment of discharge from service. on this score alone, the impugned order of discharge in respect of the firs. ..... and 1989 and failure to respond to the memos issued by the bank, calling for explanation about the unauthorised absence. it is not in dispute that the act of unauthorised absence from duty in 1987 is already the subject matter of earlier departmental proceedings, resulting in punishment of stoppage of increment for one year. if ..... 420 r/w 34 ipc, which are classified as major misconduct. out of three charges, misconduct alleged in firs.charge is treated as habitual doing of acts of minor misconduct and wilful insubordination or disobedience of lawful and reasonable order of the superiors and hence amounts to an offence and gross misconduct under para 521 .....
Tag this Judgment!Court : Karnataka Dharwad
..... offences punishable under sections 498a, 306, 304-b read with section 34 indian penal code ('ipc' for short) and under sections 3, 4 and 6 of dowry prohibition act ('d.p. act for short). 2. the sentence imposed for the offence under the different provisions is as follows: (i) section 304-b of i.p.c. - life imprisonment (ii ..... in secrecy, independent and direct evidence is not easy to get. that is why the legislature has by introducing sections 113-a and 113-b in the evidence act tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event has taken place within seven years ..... by the trial court convicting the appellant and the sentence imposed for the offences punishable under sections 498a, 306 of ipc and sections 3, 4 and 6 of dp act is confirmed. ii) the conviction recorded by the trial court insofar as the offence punishable under section 304-b of ipc is confirmed, however, the sentence stands .....
Tag this Judgment!Court : Delhi
..... the accused persons at different stages of the proceedings, they failed to rebut the presumption which arose against them under section 113b of the indian evidence act. the entire evidence was meticulously examined by the learned additional sessions judge while convicting the appellants under section 498a/304b/34 ipc. the same does ..... suicide a brutal self-humiliation of "life". 34. having established the essential ingredients of section 304b ipc, a presumption under section 113b of the evidence act arose against the accused persons that it was not a dowry death. although this presumption is rebuttable but the onus shifted upon the accused persons to ..... dowry death on proof of certain essentials. the 91st law commission, recommended for the insertion of new sections in indian penal code, 1860, indian evidence act, 1872 and criminal procedure code, 1973 for tackling the problem of alarming increase in number of cases in which married women die in highly suspicious circumstances. crimes that .....
Tag this Judgment!Court : Chennai
..... cannot be called as a dependent. brothers and sisters, legal representatives, cannot be said to be gainfully employed. the word "dependent", used in the workmen's compensation act, has a different meaning in the context of which, it is employed. 17. 'legal representative' ordinarily includes heirs, as well as persons, who represent the ..... that the same is extracted hereunder:- "there is another, aspect, which requires consideration. the provisions of sections 110-a to 110-f of the motor vehicles act, were inserted to provide cheap and speedy remedy to the persons, who had suffered loss on account of the accident. the provisions, being benevolent, call for ..... reported in gujarat state road transport corporation v. ramanbhai prabhatbhai reported in 1987 acj 561 (sc), the allahabad high court held that emphasis under the motor vehicles act is dependency and that near and dear, including the brother's children, can be the dependants. (d) in oriental insurance company ltd., v. naresh chandra .....
Tag this Judgment!Court : Delhi
..... in these circumstances, it would be difficult to say that the appellant had caused injuries to the complainant with such intention such circumstances that if he by that act had caused death he would be guilty of culpable homicide not amounting to murder. the charge under section 308 of ipc, therefore, cannot be sustained. the appellant ..... section 308 ipc provides for punishment in cases of attempt to commit culpable homicide. it provides that whoever does any act with such intention or knowledge and under such circumstances that if he by the act caused death, he would be guilty of culpable homicide not amounting to murder whereas section 323 ipc provides for punishment ..... taken by the high court"4. is obviously erroneous because offence punishable under section 308 ipc postulates doing of an act with such intention or knowledge and under such circumstances that if one by that act caused death, he would be guilty of culpable homicide not amounting to murder. an attempt of that nature may .....
Tag this Judgment!Court : Supreme Court of India
..... . page 11 of 260 rules , for the sake of convenience), which have been framed under sections 6, 8 and 25 of the environment (protection) act, 1986 ( ep act, 1986 , for short) in consonance with articles 14, 19, 21, 38, 47, 48, 48a read with article 51-a(g) of the constitution ..... in original, as notified for the purpose. morphological characters using distinctiveness, uniformity and stability (dus) descriptors as per protection of plant varieties and farmers rights act, (ppvfra) guidelines for the hybrids. source of germplasm/ pedigree and biotech traits must be provided with self-declaration by the applicant. affidavit on the ownership ..... protects the right to a safe and healthy environment. precautionary principle:31. the essence of the precautionary principle lies in the notion that decision makers should act in advance of scientific certainty to protect the environment. [source: andrew jordan and timothy o riordan, the precautionary principle in contemporary environmental politics (1995) .....
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