Justice Rajesh Bindal bids adieu to the Supreme Court after a dedicated tenure of 3 years
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal served as the Chief Justice of Allahabad High Court.
dowry death
Presumption in dowry death cases require proof of demand related cruelty soon before death: Madras HC acquits husband
“The trial court failed to note that only when the prosecution proves the foundational facts and there is evidence to show that cruelty was meted out to the deceased in respect of demand of dowry soon before death, the presumption under Section 113-B of the Evidence Act would arise.”
Mere crying of woman does not prove dowry harassment: Delhi High Court upholds discharge of husband and in-laws in dowry death case
It is quite understandable that being the deceased’s father, he would have been highly traumatized due to untimely death of his daughter. However, it is quite evident from his first statement that no details of the alleged harassment of the daughter were mentioned.
‘Taunts for dark complexion not grave enough to prove cruelty or abetment to suicide under IPC’; Bombay HC acquits husband
“Every dispute, quarrel or altercation arising from the matrimonial life are not criminal offence. It will take colour of Criminal law only when there are no alternatives for the wife but to put an end to her life, because of the harassment.”
Petty family quarrels do not amount to dowry harassment: Gujarat High Court
“To prove the offence of dowry death, it must be shown that there was cruelty and harassment within 7 years of marriage and that it was meted out for or in connection with, demand for dowry”.
Demanding to arrange money to meet legal expense of husband’s bail does not constitute ‘dowry’; Gujarat HC upholds acquittal in dowry death case
It was not the prosecution’s case that any demand for dowry or any valuable security or other property was made by the accused. Rather, it was an admitted case that the only demand was to arrange Rs 50,000 to meet the legal expenses for applying bail of the husband and her father-in-law, who were in judicial custody.
‘Mere possibility of contrary view doesn’t justify reversal of acquittal’; Rajasthan High Court upholds acquittal in Dowry Death case
“Scope of interference in the acquittal order passed by the Trial Court is very limited, and if the impugned judgment of the Trial Court demonstrates a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal.”
‘For every instance of misuse, there are hundreds of genuine cases’; SC dismisses petition seeking declaration regarding constitutionality of S. 498-A IPC
The Court opined that impugned provisions do not warrant judicial interference, because it is well-settled law that courts refrain from intervening in matters of legislative policy or mandate
Know Thy Judge | Supreme Court of India: Justice Rajesh Bindal
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.
Merely because suicide is committed in parental home and not matrimonial home, does not mean it is not a case of dowry death: Delhi HC dismisses bail application
The expression “soon before her death” in Section 304-B of Penal Code, 1860 must be read as an expression of continuity of time and not an expression of mere length of time. The legislature in its wisdom had used the phrase as “soon before” and not “immediately before”.
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‘Details of manual strangulation reflects how victim suffered traumatic end of her life’; Delhi HC dismisses bail application of husband in dowry death case
“To trivialize a case of murder on the ground that the accused and the victim, being husband and wife, had an altercation and therefore, the husband being drunk at the spur of the moment, had killed her, is not only unacceptable but also shocking.”
Section 498A IPC protection is available to woman even in marriage with the ‘colour’ of legality: Kerala HC
Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.
Heated exchange between couple/family members over meal preparation not sufficient to prove abetment to suicide: J&K High Court
The Court stated that the presumption under Section 114-C of the Evidence Act regarding dowry deaths could not be applied without credible evidence of dowry harassment.
Wife’s guilt under S. 498-A IPC can’t become a ground to hold husband guilty in absence of specific material on record: SC
The Division Bench opined that in Section 498-A IPC cases, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences.
MP High Court calls for action against Investigating Officer over dowry death investigation shortcomings; denies bail to accused
“It was imperative on the part of the Investigating Officer that investigation of an offence such as dowry-death maintains a high level of accuracy and candidness.”
Mechanical addition of charges u/s 302 IPC in dowry cases dilutes the severity of murder as an offense: Allahabad HC takes note of practice by Trial Courts
“Addition of Section 302 IPC in addition to pre-existing sections about dowry death and dowry related inhuman treatment is being carried out by Trial Judges as a matter of routine and in a most mechanical fashion, making the entire episode more grim and serious, without having any supporting documents or allegations”
Know Thy Judge | Supreme Court of India: Justice Rajesh Bindal
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.