IN THE SUPREME COURT OF INDIACivil appeal No. 4399 of 2005 (Arising out of SLP (C) no. 17656 of 2004Decided On: 19.07.2005Appellants: Sushil Kumar SharmaVs.Respondent: Union of India (UOI) and Ors.JUDGMENT:By this petition purported to have been filed under Article 32 of the Constitution of India, 1950 (in short 'the Constitution') prayer is to declare Section 498A … Continue reading Misuse of 498a – False 498A Legal Terrorism says Supreme Court in Sushil Kumar
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Gujarat High Court on the Law of Police Remand – Police Custody when to be granted ?
Comment : This case deals with factors that the judge has to consider while granting police custody, which can be summed up as :-i) Balancing rights of a person accused of an offence) and the societal interest in protection against criminals (tackled through effective investigations)- is a perrenial problem of statecraft; ii) Custody with POlice/Detention is unfavoured … Continue reading Gujarat High Court on the Law of Police Remand – Police Custody when to be granted ?
Conviction u/s 306 IPC in absence of a charge to the effect.
Comments : In this case the court held that even though no specific charge u/s 306 is framed - the accused can be convicted under the same (S.221(2) CrPC) if otherwise 304B/498A was framed. Supreme Court of IndiaK. Prema S. Rao And Anr. vs Yadla Srinivasa Rao And Ors. on 25 October, 2002Equivalent citations: AIR 2003 … Continue reading Conviction u/s 306 IPC in absence of a charge to the effect.
Father in law convicted u/s 202 for failure to inform the authorities as to DIL’s suicide
Comment : In this case of unnatural death of a DIL - notwithstanding failure of prosecution to bring home offences 302/306/304B against the accused - convicted the FIL u/s 202 for failure to inform the police - intentional ommission to give information having reason to believe that an offence is committed. Supreme Court of IndiaBhagwan Swarup And … Continue reading Father in law convicted u/s 202 for failure to inform the authorities as to DIL’s suicide
Bharat Chugh 