Powers & Duties of a CAW Cell – J.S.N.Dhingra

IN THE HIGH COURT OF DELHI AT NEW DELHISUBJECT : INDIAN PENAL CODEWP(Crl) No.134/2006 & CM No.545/2006Date of Decision : July 27, 2006Smt. Jasbir Kaur ...... PetitionerThrough: Mr. Keshav Kaushik withMs. Chander Prabha andMr. Manish Biala, Advocates.VersusState (Govt. of NCT Delhi) ...... Respondents& Ors.Through: Ms. Mukta Gupta, Advocate.S.N. AGGARWAL, J.(ORAL)1. The petitioner was married to … Continue reading Powers & Duties of a CAW Cell – J.S.N.Dhingra

Allahabad High Court guidelines on arrests in 498A/406/Dowry Cases.

Allahabad High Court guidelines on arrests in 498A/406/Dowry Cases. HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 3322 of 2010 Petitioner :- Re: In The Matter Of Matrimonial Disputes Respondent :- State Of U.P. & Others Petitioner Counsel :- P.N. Gangwar Respondent Counsel :- Govt. Advocate,Abhay … Continue reading Allahabad High Court guidelines on arrests in 498A/406/Dowry Cases.

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.

Reema Aggarwal v. Anupam – Supreme Court on ‘wife’

Comment : In a nutshell - the court was faced with the preposition whether 'wife' in S.498A means only a legally wedded wife ? Does it include a woman who has been living with a man for many years - husband potraying her as wife and society taking them to be so ? Does it fall … Continue reading Reema Aggarwal v. Anupam – Supreme Court on ‘wife’

Standard of Proof in family cases

COMMENT : What is the nature, extent and quality of evidence which a prudent person would expect and demand in the facts and circumstances of the case to come to a safe conclusion about ornaments and cash which had changed hands at the time of marriage? This is the crucial question, the answer to which must … Continue reading Standard of Proof in family cases

The basics of criminal trial in India – from charge to conviction (or acquittal)!

This article is a part of series "law for the layman" that I am writing, wherein we have tried to make law as understandable as possible to anyone who finds himself in the throes of a trial as an accused/complainant or a witness.  Criminal Trial - the Procedure is governed by the CrPC, 1973, there … Continue reading The basics of criminal trial in India – from charge to conviction (or acquittal)!

SC Upholds Bail and not jail

In a landmark decision that has turned the scales of justice in favour of personal liberty and freedom, The Hon'ble Supreme Court has reiterated the philosphy of Bail not Jail as the dominant view that is to be taken by judges while considering Bail Applications. The Court also came down upon tendency of courts to give … Continue reading SC Upholds Bail and not jail