SC To Revisit The Judgment By Two Judge Bench On Abuse Of Section 498A IPC [Read The Order And Petition]
7 years, 5 months ago

SC To Revisit The Judgment By Two Judge Bench On Abuse Of Section 498A IPC [Read The Order And Petition]

Live Law  

Less than three months after a Supreme Court bench has laid down guidelines saying no arrest of husband and his family members till the charges are verified in the dowry harassment complaints under section 498 of IPC, the Chief Justice of India led Bench today decided to revisit the two Judge Bench Judgment. Referring to the July 28 Judgment in Rajesh Sharma Vs State of Uttar Pradesh case, CJI Dipak Misra said "we are not in agreement with the judgment passed in the case. The Bench was hearing PIL filed by an NGO Nyayadhar in which a prayer was made for a direction to include two women members in the three member family welfare committee as suggested in the Rjesh Sharma judgment. The Bench, however, said although the prayer is different on this petition but the court is not in agreement with the guidelines issued by a bench while dealing with the dowry harassment cases.

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History of this topic

Demands for SC to act against Allahabad HC judge who sparked public outrage in ‘attempt to rape’ case
3 days, 2 hours ago

Demands for SC to act against Allahabad HC judge who sparked public outrage in ‘attempt to rape’ case

The Hindu  

An Allahabad High Court judge’s recent observation that a man allegedly grabbing an 11-year-old girl’s breasts, breaking her pyjama strings, and dragging her under a culvert is not enough to charge him with ‘attempt to rape’ has sparked widespread outrage and calls for the Supreme Court’s intervention. ‘Injustice’ National Human Rights Commission member Priyank Kanoongo said the ruling was unjust …

Advocate Moves Allahabad HC Seeking ₹1 Crore Fees From Law Ministry For Filing Cases To 'Save Ex-CJI From Humiliation, Removal'
3 weeks, 6 days ago

Advocate Moves Allahabad HC Seeking ₹1 Crore Fees From Law Ministry For Filing Cases To 'Save Ex-CJI From Humiliation, Removal'

Live Law  

A Lucknow-based lawyer has approached the Allahabad High Court seeking a direction to the Union Ministry of Law and Justice to pay him Rs. 1 crore as fees and expenses, claiming that he filed certain cases in the Supreme Court to save the then Chief Justice of India, Justice Dipak Misra, from "humiliation, insult, torture, and removal." Although the petitioner-Pandey …

Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court
1 month, 1 week ago

Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court

Live Law  

The Delhi High Court has observed that the misuse of Section 498A of Indian Penal Code, 1860, does not mean that genuine cases of harassment do not exist. “This Court is not blind to the ground reality of the deeply rooted social evil of greed for dowry, due to which, numerous victims are subjected to unspeakable conduct and harassment,” Justice …

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court
1 month, 2 weeks ago

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court

Live Law  

The Supreme Court, while quashing criminal charges of cruelty, dowry demand and domestic violence against the present appellants, highlighted that invoking criminal laws in domestic disputes without specific allegations and credible materials may have disastrous consequences for families. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be …

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC
2 months, 1 week ago

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Perusing the order rejecting the petitioner's candidature, Justice Arun Monga said, …

100 Important Supreme Court Judgments- Part 3 [51 to 75]
2 months, 3 weeks ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
3 months ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
3 months, 1 week ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
Trending News
3 months, 1 week ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Supreme Court warns against misuse of cruelty law for settling personal scores against husband
3 months, 1 week ago

Supreme Court warns against misuse of cruelty law for settling personal scores against husband

Deccan Chronicle  

New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The apex court made this observation after setting aside a cruelty case filed under Section 498 of the IPC, which the Telangana High Court had refused to dismiss previously. In the above case, the Supreme Court ruled in favour of the …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
3 months, 1 week ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. It is further seen that since the year 2020, when she filed the first case, the complainant has left her matrimonial home and has now after …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
3 months, 1 week ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa Paul held: The allegations in …

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court
3 months, 1 week ago

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court

Hindustan Times  

Amid outrage over the death by suicide of a Bengaluru-based techie due to alleged harassment by his wife and in-laws, the Supreme Court, in a separate case, warned against the misuse of the cruelty law in marital dispute cases lodged by women against their husbands. The Supreme Court of India The cruelty law cannot be misused as a “personal tool …

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’
3 months, 1 week ago

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’

Hindustan Times  

The Supreme Court on Tuesday strongly criticised the growing misuse of Section 498-A of the Indian Penal Code, commonly known as the anti-dowry law, noting that it is increasingly being exploited to settle “personal vendettas” or exert undue pressure on husbands and their families. The Supreme Court bench highlighted the misuse of the provision, lamenting that exaggerated and unsubstantiated allegations …

The Hindu Morning Digest, December 10, 2024
3 months, 1 week ago

The Hindu Morning Digest, December 10, 2024

The Hindu  

With Assad gone, new era starts in Syria as the world watches Damascus stirred back to life on Monday at the start of a hopeful but uncertain era after militants seized the capital and President Bashar al-Assad fled to Russia, following 13 years of civil war and more than 50 years of his family’s brutal rule. Four killed, at least …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
3 months, 2 weeks ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
3 months, 3 weeks ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

SC halts trial court proceedings in Sambhal mosque dispute, asks authorities to maintain peace, harmony
3 months, 3 weeks ago

SC halts trial court proceedings in Sambhal mosque dispute, asks authorities to maintain peace, harmony

New Indian Express  

NEW DELHI: The Supreme Court on Friday in its order asked the trial court in Uttar Pradesh not to proceed in the suit against Sambhal Jama Masjid case row, till the mosque committee's petition challenging the survey order is listed in the High Court, and directed the authorities to "maintain peace & harmony." Peace and harmony must be maintained at …

Ram Gopal Varma’s plea: Andhra HC directs police to file counter
3 months, 3 weeks ago

Ram Gopal Varma’s plea: Andhra HC directs police to file counter

New Indian Express  

VIJAYAWADA: The AP High Court on Thursday directed the Police Department to file a counter with full details on the petition filed by film director Ram Gopal Varma challenging the multiple FIRs registered against him for social media posts. PIL on police cases dismissed The Andhra Pradesh High Court on Thursday dismissed a Public Interest Litigation filed by journalist P …

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
3 months, 3 weeks ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws
3 months, 3 weeks ago

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws

Hindustan Times  

The Supreme Court on Tuesday cautioned courts against the indiscriminate prosecution of a husband’s relatives in dowry harassment cases, rueing the growing tendency to implicate entire families in domestic disputes. “We have no hesitation to hold that the said observation of this court is in fact, sounding of a caution, against non-discharge of the duty to see whether implication of …

SC To Hear Plea Against Probe In Justice Hema Committee Report Tomorrow
3 months, 3 weeks ago

SC To Hear Plea Against Probe In Justice Hema Committee Report Tomorrow

ABP News  

The Supreme Court will resume hearing on Monday a petition challenging the Kerala High Court order directing registeration of FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry. The top court on October 24 had issued notice in a special leave petition filed against the Kerala High …

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court
4 months ago

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court

Live Law  

The Supreme Court is set to hear a petition challenging the Kerala High Court's direction to the police to register FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry on November 25, in which the Kerala Women's Commission has recently filed a counter affidavit.The Commission has filed …

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case
4 months, 1 week ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times  

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court
4 months, 1 week ago

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that while a formal or reasoned order is not mandatory when a Magistrate issues a process under Sections 190/204 of the Criminal Procedure Code, it is crucial that the Magistrate's order shows an indication of thoughtful consideration of the matter. The Court observed that while there is no requirement for …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
4 months, 2 weeks ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

Compromise can't end sexual harassment case, says SC
4 months, 2 weeks ago

Compromise can't end sexual harassment case, says SC

Deccan Chronicle  

A Supreme Court bench comprising Justices C.T. Sanjay Kumar overturned a Rajasthan High Court order that quashed a sexual harassment case based on a compromise between the accused and the complainant. The Supreme Court stated, “The impugned order is quashed and set aside, FIR and criminal proceedings shall proceed as per law,” emphasizing that the merits of the case were …

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering
4 months, 3 weeks ago

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering

Live Law  

The Supreme Court has expressed its dismay over the tendency to over-implicate the persons and present an exaggerated version in Section 498-A IPC domestic cruelty cases. The bench observed that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering and Undue Suffering
4 months, 3 weeks ago

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering and Undue Suffering

Live Law  

The Supreme Court has expressed its dismay over the tendency to over-implicate persons and present an exaggerated version in Section 498-A IPC domestic cruelty cases. The bench observed that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
5 months ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
5 months, 3 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

​Judge and prejudice: On conduct in judicial proceedings
5 months, 3 weeks ago

​Judge and prejudice: On conduct in judicial proceedings

The Hindu  

The Supreme Court of India has rapped judges over the knuckles, asking them to refrain from making “casual observations” that reveal their communal bias or misogyny. Taking suo motu cognisance of video clips featuring Karnataka High Court Judge V. Srishananda and his sexist comments to a woman lawyer on two separate judicial proceedings, a five-judge Special Bench headed by Chief …

CJI-led five-judge Bench takes suo motu notice of a video showing Karnataka HC judge’s sexist remarks in court
6 months ago

CJI-led five-judge Bench takes suo motu notice of a video showing Karnataka HC judge’s sexist remarks in court

The Hindu  

A five-judge Bench of the Supreme Court headed by Chief Justice of India D.Y. Chandrachud and comprising four senior most judges on Friday took suo motu cognisance of a video clip on social media showing a Karnataka High Court judge’s “scandalous” remarks in open court to a woman lawyer during proceeding. The High Court judge, Justice Vedavyasachar Srishananda, was seen …

SC takes cognisance of 'objectionable' comments of Karnataka HC judge against woman lawyer
6 months ago

SC takes cognisance of 'objectionable' comments of Karnataka HC judge against woman lawyer

New Indian Express  

NEW DELHI: The Supreme Court on Friday took suo motu cognisance against the Karnataka High Court Judge Justice V Srishananda for his controversial "Pakistan" and "undergarment" comments, and sought a detailed report from the state High Court's Registrar General in the issue within two weeks. Taking strong exception of the remarks made by Justice Srishananda during one of its judicial …

SC asks Centre to apprise about compliance of 2021 verdict on welfare measures for migrant workers
6 months, 3 weeks ago

SC asks Centre to apprise about compliance of 2021 verdict on welfare measures for migrant workers

The Hindu  

The Supreme Court on Monday asked the Centre to file an affidavit giving details about compliance of its 2021 judgement and subsequent directions on providing ration cards and other welfare measures to the migrant workers. The Supreme Court, in June 29, 2021 judgement and subsequent orders, had passed a slew of directions to the authorities asking them to undertake welfare …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
7 months ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

HC quashes Maharashtra HRC's order directing cop to pay woman compensation for dereliction in probe
7 months ago

HC quashes Maharashtra HRC's order directing cop to pay woman compensation for dereliction in probe

Hindustan Times  

Mumbai, The Bombay High Court has quashed an order passed by the Maharashtra State Human Rights Commission directing a police inspector to pay ₹2 lakh compensation to a woman for dereliction in a probe into her son's death, noting that the policeman was not given an opportunity to put forth his case. HC quashes Maharashtra HRC's order directing cop to …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
7 months, 2 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

SC defers to Aug 28 hearing on pleas seeking reconsideration of 2022 PMLA verdict
7 months, 2 weeks ago

SC defers to Aug 28 hearing on pleas seeking reconsideration of 2022 PMLA verdict

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday deferred to August 28 the hearing on the question whether its 2022 verdict upholding the Enforcement Directorate's powers to arrest and attach property under the Prevention of Money Laundering Act required any reconsideration.As the hearing commenced, Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, told a three-judge bench headed by Justice Surya …

SC Allows Sub-Divisions in SC, ST for Quota
7 months, 3 weeks ago

SC Allows Sub-Divisions in SC, ST for Quota

Deccan Chronicle  

New Delhi: In a landmark verdict, a seven-judge Constitution Bench of the Supreme Court on Thursday okayed sub-classification within the Scheduled Caste and Schedule Tribe communities to provide reservations in jobs and education for the more marginalised sub-sets. Thus, the state in exercise of the power under Articles 15 and 16 can further classify the SCs if there is a …

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
8 months ago

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A of the Indian Penal Code. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498 of …

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
8 months, 3 weeks ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

Section 498A dilemma: India's bid for modern justice should not gloss over concerns for women's safety in marriages
10 months, 2 weeks ago

Section 498A dilemma: India's bid for modern justice should not gloss over concerns for women's safety in marriages

Hindustan Times  

The three new criminal laws are expected to turn a new leaf for criminal justice in the country. In 2023, there were nearly 22.8 lakh crimes reported against women, Of these, about 7 lakh, or 30 per cent, were reported under Section 498A of the IPC, according to the data recorded by the ministry of statistics and programme implementation in …

Advocates Being Officers Of Court Have Larger Duty Towards Court: Himachal Pradesh HC Closes Arguments In Case Due To Counsels' Failure To Appear
10 months, 3 weeks ago

Advocates Being Officers Of Court Have Larger Duty Towards Court: Himachal Pradesh HC Closes Arguments In Case Due To Counsels' Failure To Appear

Live Law  

In a stern order passed by Justices Vivek Singh Thakur and Bipin C Negi, the Himachal Pradesh High Court closed arguments for private respondents in a case challenging the appointment of Parliamentary Secretaries in the state. The Court observed that despite being granted repeated opportunities and time to present their arguments, the counsels representing the private respondents failed to appear …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
11 months ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries
11 months, 2 weeks ago

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries

Live Law  

An FIR has been lodged against a Judicial Magistrate in Rajasthan alleging that he asked a Dalit gang rape survivor to strip in the court to show her injuries. According to Hindustan Times, the survivor had filed a complaint on March 30 alleging that the Hindaun Court Magistrate Ravindra Kumar “asked her to strip in order to see her injuries.” …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
1 year ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old
1 year ago

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old

Live Law  

The Madras High court has now removed the remarks made about the origin of caste system from its recent judgement in the pleas challenging the continuation of office of Minister Udayanidhi Stalin, Minister Sekar Babu and MP A Raja. In the judgment uploaded on March 6th, Justice Anita Sumanth had observed as under, "This Court agrees unequivocally that there are …

SC Stays Trial Court Proceedings In Hate-Speech Case Against TN BJP Chief K Annamalai
1 year ago

SC Stays Trial Court Proceedings In Hate-Speech Case Against TN BJP Chief K Annamalai

ABP News  

The Supreme Court on Monday stayed the proceedings in a criminal case lodged against Tamil Nadu BJP president K Annamalai for allegedly delivering a hate speech against Christians in an interview to a YouTube channel in October 2022 with regard to bursting firecrackers. Senior advocate Siddharth Luthra and advocate Sai Deepak, appearing in the court on behalf of Annamalai, showed …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

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