Misuse of 498a – False 498A Legal Terrorism says Supreme Court in Sushil Kumar

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

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