Archive for the 'charge sheet' Category

Delhi HC- Surjit Kaur Vs State Of Delhi Bail Application

Here is a bail order by Justice PRADEEP NANDRAJOG of the Delhi High Court.

An excerpt:

5. The Metropolitan Magistrate should take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration of marriage, after demand. Courts should also insist upon compliance with the rules framed under the Act and if rules are not complied with, an adverse inference should be drawn. If huge cash amounts
are alleged to be given at the time of marriage which are not accounted anywhere, such cash transactions should be brought to the notice of the Income Tax Department by the Court so that source of income is verified and the person is brought to law. It is only because the Courts are not insisting upon compliance with the relevant provisions of law while entertaining such complaints and action is taken merely on the statements of the complainant, without any verification that a large number of false complaints are pouring in.”

Here is the link to the bail order.

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The Judgments Of Justice Shiv Narain Dhingra

Matrimonial home is  not just a building made of bricks and walls. It is a home/place comprising of sweetness of relations of family members and elders, full of blessing.

-Justice Shiv Narain Dhingra

Justice Dhingra was a judge of the Delhi High Court. I learned about him from an article written by the Indian feminazi, Indira Jaising, to tarnish his reputation. As I read his judgments, I realized that he is an upright judge and Indira Jaising was maligning him with some silly but vicious motive.

Here is the link to that article by Indira Jaising: “It was a crime that I was born a woman”.

While talking about Indira Jaising, click here to know what she did to a lady in violation of article 21 of the Indian Constitution, and in disregard of the right to due process (Indira Jaising had a woman whose brother was having marital issues jailed. The lady was released after her brother paid his estranged wife $100,000).

Read this article to know more about Justice Dhingra:

http://www.rediff.com/news/mar/17rai3.htm

The same in pdf format if it disappears:

Rediff on the NeT: The judge who took on Parliament and politicians

Justice Dhingra took many steps to end the extortion in the name of Section 498A in Delhi. He started with the judgment that changed it all:

Smt Neera Singh (498A Income tax) Judgment of 2007.

Here is a post with what additional details I could find about him:

Justice SN Dhingra

Here’s his Linked in profile:

http://in.linkedin.com/pub/shiv-narayan-dhingra/29/293/597

The residents of Delhi have a lot to thank this judge for. Read the article below to understand what I mean:

Here is a collection of some of his most relevant judgments for fighting 498A cases. For the beleaguered lot entangled in 498A cases across India, these judgments are a gift from a god.

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U.S. Unable to Deport Most Illegal Immigrants Who Commit Crimes

This is relevant to those of you facing threats of deportation, extradition due to a silly 498A filed in India.

Here is an excerpt:

“July 6 (Bloomberg) — Ezeiquiel Lopez already had a rap sheet that stretched all the way to Texas when, police said, he shot Kenosha County, Wisconsin, Deputy Sheriff Frank Fabiano in the head, killing him.Lopez, 45, an illegal immigrant from Mexico, was free at the time of the May shooting, after having been jailed for two prior violent crimes. By law, he should have been deported, but federal immigration authorities didn’t know he had been in custody, and state and local police didn’t tell them.”

Here is the link to the article.

You can also read about Klaus Barbie, the Butcher Of Lyon, and what it took to extradite him.

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An Explanation Of Section 182 Of IPC

This is a judgment of the Punjab and Haryana High Court.

The judgment gives an explanation of Section 182, which is a criminal offence, if a false complaint is made. I hope we’ll see more use of this section, especially in 498A cases.

A word of caution. Section 182 must be filed within 1 year from the date of exoneration.

Here is the excerpt from the judgment:

Whenever any information is given to the authorities and when the said authority found that the averments made in the complaint were false, it is for the said authority to initiate action under Section 182 I.P.C. The offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months or with fine or with both. When the authorities themselves found in the years 1996 and 1997 after due investigation that the averments made by Ashwani Kumar in his complaint were false, it is for them to initiate proceedings immediately or within the prescribed period as provided under Section 468 Code of Criminal Procedure. The acceptance of the cancellation report by the Court is immaterial. It does not save the limitation under Section 468 Cr.P.C. which prescribes the period of one year for taking cognizance if offence is punishable, with imprisonment for a term not exceeding one year. Since the offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months only, the authority should file the complaint under Section 182 I.P.C. within one year from the date when that authority found that the allegations made in the complaint were false. Since more than four years lapsed from the date when the authority found the allegations were false, no question of filing any complaint under Section 182 I.P.C. at this belated stage arises.

Here is the pdf of the judgment: An Explanation Of Section 182 Of IPC

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Websites of Police Depts

Here is the link:  http://india.gov.in/citizen/police_st_ut.php

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AP HC Quotes Dowry Prohibition Act In 498A Quash Judgment: 2005

Here is the judgment: AP HC Quotes Dowry Prohibition Act In Judgment: 2005

Here is the definition from a judgment of the AP High Court:

Dowry Prohibition Act

3. Penalty for giving or taking dowry:- (1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than [five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:]

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than [five years.]

[(2) Nothing in sub-section (1) shall apply to, or in relation to,-

(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):

Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;

(b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):

Provided that such present are entered in a list maintained in accordance with the rules made under this Act:

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.]

[4. Penalty for demanding dowry:- If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.]

Delhi HC Hauls Up The Lower Judiciary

Here are two petitions upheld by the Delhi HC. In both cases, the magistrates of the lower courts summoned the respondents without a basis and the High Court took cognizance and set things right.

Here are the judgments:

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Stats On Complaints Against Police Personnel

Here is the link to the NCRB website.

I’ll let you draw your own conclusions.

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Misc. Judgments Tying 498A, 304 And 306

Folks.

I’ve been very busy and lack the bandwidth to summarize. Please bear with me. Time isn’t something I can spare right now. Anyway, here are the links:

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Delhi Mediation Center

Here is the link

Here is an excerpt of what is covered by this center:

“The working of the mediation centres has revealed that Suits for Injunction, Specific Performance, Suit for Recovery, Labour Management disputes, Motor Accident Claims cases and Matrimonial Disputes have met with a positive result during mediation.
As far as criminal cases are concerned, cases of harassment on account of dowry and cruelty under section 406/498-A IPC and under section 138 of Negotiable Instruments Act are suitable for mediation.”

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Stats On Persons Arrested Under The IPC Cases

These are stats from the NCRB (National Crime Records Bureau).

I stumbled upon them due to an act of god.

Stats on Persons Arrested Nationwide Under IPC Cases.

The report states that there is an increase in the number of people arrested under dowry harassment cases.

Here is an excerpt:

“The crime head-wise and sex-wise break-up of persons arrested for IPC crimes during 2005 are presented in Table-12.2. The female criminality in the total IPC crimes accounted to 5.8 percent only (same as previous year), however, the percentage share of female arrestees was higher for those crimes which are perpetrated on women such as Cruelty by Husband and Relatives (22.5%) followed by Dowry Deaths (22.4%) and Kidnapping & Abduction of Women & Girls (7.1%).”

Here is the link which details the stats on Crimes Against Women

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Implications In A False Case

This is a case from 1999.

This is an issue of rape where the accuser recanted.

In our country, a person accused of rape has more rights than a mother or sister or any other member of the family of a male falsely accused in a 498A case.

Here is the judgment: Allahabad HC-False Rape Case 1999

Clinck here to find out when you can file damages/compensation for being implicated in a false case.

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Delhi HC: Passport revocation (NRI 498A Case) Oct 2005

This is a case dealing with an NRI and the revocation of his passport.

Link to news article

Before the passport issue, looks like the guy had applied for AB, but I am not sure if it is the same person though the names match. Here is the link to the Raj Kishore Tayal AB Order.

Looks like they issued a red corner notice too. Here is the link to the CBI Interpol site.

Link to Delhi HC Passport revocation judgment

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Delhi HC: Justice JD Kapoor “Make 498A Bailable”

Folks,

Finally found the judgment by Justice JD Kapoor from 2003. He describes the predicament of families facing a 498A accurately.

Here is the link to the news article.

Here is a link to the news article where the desi Taliban were trotted out to protest this judgment, that reflects reality so well.

Here is an excerpt of this judgment:

“Once a complaint is lodged under Sections 498A/406 IPC whether there are vague, unspecific or exaggerate allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of Police and agencies like Crime Agains Women Cell to hound them with the threat of arrest making them run here and there and force them to hide at their friends or relatives houses till they get anticipatory bail as the offence has been made cognizable and non-bailable. Thousands of such c mplaints and cases are pending and are being lodged day in and day out.”

Here is the judgment: Justice JD Kapoor “Make 498A Bailable”

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Rajasthan HC: Married Woman Can Live With Her Lover

Here is the article from HT.

I don’t know what to say.

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Hindu Joint Family

I need to dig deeper.

In the mean time, check this out.

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Grounds For Divorce Under Hindu Marriage Act

Here is a link to an old article on Hindu marriage act: An Old Article On Hindu Marriage Act

GROUNDS FOR DIVORCE

A petition for divorce may be presented by either the husband or wife for dissolving the marriage on the following grounds:

That the other party

1. has after the marriage had voluntary sexual intercourse with any other person; or
2. has after the marriage treated the petitioner with cruelty
3. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition,
4. has ceased to be a Hindu by conversion to another religion,
5. has been incurably of unsound mind or has been continuously or intermittently from a mental disorder that the petitioner cannot reasonably be expected to live with such a person,
6. has been suffering from a virulent and incurable form of leprosy,
7. has been suffering from venereal disease in a communicable form
8. has renounced the world by entering any religious order.
9. Has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive.

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Judgements On Passport Revocation/Impoundment

Here are a few judgments that relate to passport impoundment and revocation.

At least one is a 498A.

A bunch of guys run a blog and they have some useful info on this topic.

You can check this out here:

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SC Judgment: NRI Custody Battle, Wife Found To Be In Contempt Of Court

Folks,

Here is a long drawn custody fight (2003). The wife was found to be in contempt of court.

Indira Jaising represented the wife.

Here is the judgment: NRI Custody Battle

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Gujarat HC: FIR Is A Public Document

Folks,

The cops have a tendency to hide the FIR. I believe, if you don’t know what you are being charged with, how can you defend yourself?

This is a judgment from 1992.

Here is an excerpt: “whenever FIR is registered against the accused, a copy of it is forwarded to the Court under provisions of the Code; Thus it becomes a public document. Considering (1) the provisions of Art. 21 of the Constitution of India, (2) First Information Report is a public document in view of S. 74 of the Evidence Act; (3) Accused gets right as allegations are made against him under provisions of S. 76 of the Indian Evidence Act, and (4) FIR is a document to which S. 162 of the Code does not apply and is of considerable value as on that basis investigation commenced and that is the first version of the prosecution, as and when application is made by accused for a certified copy of the complaint, the Court to which it is forwarded should give certified copy of the FIR, if the application and legal fees thereof have been tendered for the same in the Court of law.”

Here is a judgment by the Gujarat High Court: FIR Is A Public Document

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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