HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Teacher-Recruitment scam; Omar Abdullah; Senthil Balaji; Live-in Relationships; and more
A quick legal roundup to cover important stories from all High Courts this week.
dowry death
Death of victim cannot be termed as “not under normal circumstances”; Allahabad High Court grants anticipatory bail in dowry death case
Section 438 was inserted in CrPC as it was seen that the influential persons try to implicate their rivals in false cases for the purpose of disgracing them by detaining them in jail for some time. It is true, such powers are to be exercised in exceptional cases. The prosecution cannot be permitted to be converted into an arena to settle scores.
Trial in a Dowry Death case prompts Supreme Court to reiterate guidelines for exercising powers under Section 319 of CrPC
The Supreme Court directed the Trial Court to follow the guidelines extensively iterated by the Constitution Bench in the case of Sukhpal Singh Khaira for summoning the appellant as an additional accused.
Whether the statement of deceased to the police and treating doctors pass the test of dying declaration? Allahabad High Court answers
Allahabad High Court reiterated that the dying declaration recorded by a police officer, can be acted upon if the same is found to be true, coherent, consistent, and free from any effort to prompt the deceased to make such a statement.
No patent infirmity in the order of conviction to render it erroneous; Kerala High Court rejects suspension of sentence to the husband in ‘Vismaya dowry death case’
The atrocities against women in their matrimonial homes are on the rise, and women committing suicide unable to bear the cruelty and harassment on demand of dowry are also rampant.
Jharkhand High Court | Upheld the decision of trial court; Accused convicted for dowry death
Jharkhand High Court: Navneet Kumar, J., upheld the conviction of the appellant- accused guilty of killing his wife within a few years
Can Court direct a husband to surrender as a condition for pre-arrest bail of his wife? Supreme Court decides
Supreme Court: In an interesting case the Vacation Bench comprising Dinesh Maheshwari and Krishna Murari, JJ., disapproved a strange bail condition imposed
Karnataka High Court | Illicit relationship with husband of the complainant not necessary ground to constitute offence under S. 498-A IPC
Karnataka High Court: Hemant Chandangoudar J. quashed the FIR against accused 5 being the woman who had illicit relations with
[S. 304 B IPC] An order of acquittal is not to be set aside lightly; Chh HC observes in a case where daughter in law committed suicide in unnatural circumstances
Chhattisgarh High Court: A Division Bench of Arvind Singh Chandel and Sanjay K. Agrawal, JJ. dismissed the acquittal appeal being devoid of
22-year-old woman, burnt and buried due to demand of dowry: All HC denies bail to accused husband
Allahabad High Court: Noting the brutality with wife a 22-year-old lady and mother of a one year’s infant child in causing her
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“Merit is not solely of one‘s own making. The rhetoric surrounding merit obscures the way in which family, schooling, fortune and a
Raj HC | Burden on the defence to prove the plea of insanity is only to the extent of establishing the same by preponderance of probabilities, need not be proved beyond all manner of doubt
Rajasthan High Court: A Division Bench of Sandeep Mehta and Sameer Jain, JJ. allowed the appeal and quashed and set aside the
J&K HC | Dowry Prohibition Act vis-a-vis J&K Dowry Restraint Act; HC blurs the line between the two
Jammu and Kashmir High Court: In a case alleging dowry death, Rajnesh Oswal, J., clarified the scope and applicability of Jammu and
Can Demand of Money for Construction of a House be Treated as a Dowry Demand? SC answers in a 2002 case where a 5-months pregnant woman set herself on fire
“A push in the right direction is required to accomplish the task of eradicating this evil which has become deeply entrenched in our society.”
Dowry Death| Wife goes missing from matrimonial home; body found a week later: Circumstances unerringly point to husband’s guilt despite slipshod investigation, holds SC
Supreme Court: Despite a slipshod investigation in a case, the 3-judge bench of NV Ramana, Surya Kant and Hima Kohli*, JJ has
Dowry Death| Absconding mother-in-law’s alleged ‘key role’ not at par with deceased’s brother-in-law. Bail cancelled: Supreme Court
The Investigating Agency, deserves a free hand to investigate the role of the Respondent-Mother-in-law, if any, in the unnatural and untimely death of her daughter in-law.
Does merely residing in the same house make in-laws accomplice in a dowry death case? Supreme Court answers
Supreme Court of India: In an appeal regarding dowry death case the Division Bench of Navin Sinha and R. Subhash Reddy, JJ.,
S. 304-B IPC and S. 113-B of Evidence Act are decisive provisions to ascertain unnatural death as dowry death: Allahabad HC explains
Allahabad High Court: Dinesh Pathak, J., addressed a matter of dowry death and upheld the lower court’s decision. Factual Matrix An FIR