Justice Dhingra Quashes A Writ Mandamus

This is a recent case, where a women passed away by falling off of the roof. The kids testified that it was an accident where as the parents attempted to frame it as a dowry death a month after the fact and after not saying anything when the police came in for an inquiry.

Read this judgment and the clear narration of facts by Justice Dhingra.

Here is the judgment: Justice Dhingra Quashes A Writ Mandamus

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A Basic Guide To US Courts

This is a pdf prepared by the Iowa state Judicial Branch. Thought this would be useful to NRIs.

Download the pdf here: A Basic Guide To US Courts

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The Wife Of A Karnataka Cadre IAS Officer Is Fighting Corruption

I read about Mrs JN Jayshree here:

“In the southern Indian state of Karnataka (of which Bangalore is a part), J. N. Jayashree, wife of a state bureaucrat named M. N. Vijayakumar who has spoken out vigorously against corruption in the government there, started a blog as a way to spread the word about the pilferage currently plaguing Karnataka . Raising her husband’s international profile in the face of the recent murders of whistleblowers such as Satyendra Dubey and Shanmughan Manjunath was another motivation.”

This is an article about her in the New York Times

This is her blog: Fight Corruption Now

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What Does An Interpol Red Corner Notice Application Form Look Like ?

I really like these AP CID guys. They have a lot of information posted at their site, including a downloadable Red Corner Alert application form. Here is a link to their site.

This is what it looks like

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Dowry Harassment Or Mental Sickness

Looks like the Rajkot police had a woman attempting to commit suicide in their station as they didn’t “Help” her with her dowry harassment complaint. This feels more like a case of mental sickness than dowry harassment.

Here is the link from HT

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Violence against women: Good practices in combating violence against women”

Madhu Kishwar got it right. She exposes the Indian feminists to be the hypocrites they are in this article from 2005.

Here is the article:Violence against women: Good practices in combating violence against women”

The Indian Domestic Violence Act: Behind The Scenes

Looks like there was a lot of action behind the scenes. Here are some pdfs that explain what I mean:

• Govt version of the bill
• The version by the Lawyers Collective
• The non-negotiables
• Comparison of the DV Act bills

This happened on March 15th 2002.

Here is the link to the pdf: COMMENTS BY MR. ARUN JAITLEY, Union Minister For Law And Justice, in defence of the GOI Domestic Violence Bill Given to women’s groups on March 15, 2002

Here is a comment by Indira Jaising:

“There should be a policy underlying every legislation. The only possible objective of a law on domestic violence can only be to Stop Violence. Whereas the policy of the GOI Draft seems to be to preserve the family and the marriage, and the same is already achieved by all the marriage laws and civil laws. The only “unoccupied field” is protecting a woman from domestic violence and this present draft does not achieve that.”

Here is the pdf if the link is inactive: GOI DVA Bill Original Version Comments

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Police Organization And Criminal Justice Procedures

Here is a pdf put out by CHRI. I cropped it to just include the relevant parts and I have highlighted them as well.

This document details the procedures to be followed  in a criminal case.

Here is the document:  Police Organization And Criminal Justice Procedures

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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.]

SC Upholds Constitutionality Of Section 498-A

This judgment is explained in this article by Rakesh Shukla

The article is from InfoChange India

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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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SC Judgment Defining Rape

Here is the recent judgment by the SC on rape.

An excerpt :

“What constitutes an outrage to female modesty is nowhere defined in IPC. The essence of a woman’s modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this Section is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. As indicated above, the word ‘modesty’ is not defined in IPC.”

Here is the judgment: SC Judgment Defining Rape Mar 2007

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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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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.

• A word of advice on dealing with divorce lawyers. This is the female perspective: http://indiandivorce.blogspot.com/2007/11/on-your-guard-when-dealing-with-divorce.html
• Collection of judgments: SC /HC Judgments On Divorce/498A/Bail/DV
• The 498A Survival Guide: This is a must as a divorce leads to an automatic 498A in quite a few cases.

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SC Redefines Right To Residence Under DVA

Here is the famous Batra Vs Batra case. Mar 2007.

Here is the judgment: SC Redefines Right To Residence Under DVA

Here is another related article.

Here is a link to a blog that throws more light on the Idiocy known as the Indian Domestic Violence Act 2005.

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Delhi HC Grants Orders Issuance Of New Passport

Folks,

here is a case from 2006 where the Delhi HC orders the RPO to issue a new passport when the holder of the passport got entangled in a case where the original passport had some pages missing.

Read the judgment: Delhi HC Orders RPO To Issue New Passport

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SC Grants Maintenance While Not Judging On DNA Test

Folks,

Here is a case from 2002 where the SC granted maintenance, but did not rule on the DNA test of the child.

Here is the judgment:  Maintenance No DNA Test

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AP HC Orders A DNA Test 2006

Folks,

Here is an instance where the HC orders a DNA test to establish paternity.

The courts prefer to use a DNA test sparingly, but in this case the AP HC allowed it.

Here is the Judgment:  AP HC Orders A DNA Test 2006

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