In this post we will discuss whether anticipatory bail can be granted in lieu of offences committed under Section 498A, 354, 509, 323 and 506(2) of the Indian Penal Code. Grant of Anticipatory Bail in Offences against Women. Balaji Chandrakant Joshi v. The State of Maharashtra Application of Anticipatory Bail- Anticipatory Bail is a concept … Read more
More than 7 months have now gone after the landmark judgment/order of to judge bench of 2 Judge Bench of Supreme Court as passed in Rajesh & ors. Vs. State of U.P. & Anr. issued new guidelines to prevent further misuse of section 498A of IPC meant to protect women being harassed for dowry and facing cruelty … Read more
False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the reason for false 498a. These days false 498a cases gropes all the relatives father, mother sister who … Read more
Post covers 498A Quashing against Mother in Law & Father in Law on Complaint by wife of Husband. See on what Score FIR gets quashed. 498A Fir in Matrimonial disputes is so common when there is no specific allegation against the family members of Husband including Mother in Law & Father in Law. Moreover trend … Read more
In this post we will discuss about the judgment of Allahabad High Court wherein it disposed off the petition on the ground that the High Court has no jurisdiction to appreciate the evidence of proceedings under section 482 Cr.P.C. because whether there are contradiction or in consistence in the statement of the witnesses is essentially … Read more
The misuse of Section 498A as a weapon rather than a shield by the well educated wives/ daughter-in-laws/ sister-in-laws in this modern, striving for equality society is becoming a common issue these days. The present case deals with one of them. Here in this case the discharge application was dismissed by trial court and later … Read more
This post is a case digest on 498A 406 IPC Anticipatory Bail High Court Chandigarh wherein the FIR was registered owing out of matrimonial dispute. As per settled criminal jurisprudence, bail is rule and jail is an exception. The bail was granted based on the reasoning that recovery of disputed dowry items may not by … Read more
FIR, First Information Report is a document which is written and prepared by police, immediately after receive information about a cognizable offence. It is very important because this is the first step in process of criminal justice. After the FIR is filed then only the police can start the investigation and filed by the victim … Read more
Latest Update on 498A by Supreme Court is that a woman can file a harassment case against in-laws from anywhere. A three-judge bench which was headed by Chief Justice Ranjan Gogoi has delivered a revolutionary judgment.According to which, a married woman can file dowry or other harassment cases against her in-laws and husband at any … Read more
The terror of Immediate arrests in 498A coupled along with 406 IPC is back as the latest ruling of Supreme Court gives back the power to police to exercise this option. Though the intent of Section 498 A is to protect vulnerable women who are struggling with the atrocities of men but it is mostly … Read more
The fear of false 498A cases is back as the larger bench has refused to refer matter to Family Welfare Committee and this gives discretion back to police to make immediate arrests. Means , you can be arrested any time. When I say any time, right after the registration of FIR unless police gives notice … Read more
In what would come as a major relief to many battered women, the Supreme Court on Friday amended an older judgement on provisions of Section 498A of IPC that pertains to domestic violence and dowry harassment. The three-judge Bench has removed the rider of a welfare committee and said that if police thought it necessary, … Read more
In this post we will discuss about High Court case for Abetment to Suicide over Dowry wherein The court advised the learned counsels to raise the arguments that have been raised before the High Court may be raised before the trial court and seek discharge at the appropriate stage. Introduction Abetment in India is constituted … Read more
In this post we will discuss about a Complainant by Sukhwinder Kaur against her matrimonial relatives , under section 498-A, 406, 506 IPC and under section 34 of Dowry Prevention Act and later appealed for the quashing of the FIR registered against the accused Darbara Singh V. State of Punjab Introduction In India, there are … Read more
This post is a case digest wherein petitioners were summoned in 498 A Offences under Sec 319 of CrPC and later applied for Anticipatory bails under Sec 438 CrPC. Since the names of petitioner were kept in column no. 2 of the challan, they were called in for joining the investigation. The benefit of interim … Read more
This post is a judgment digest on High Court Chandigarh Quashing of FIR in Matrimonial Offences (498A 406 IPC) where FIR was registered against the family members of husband by wife as complainant. Here in this complaint, the relatives of husband- father in law, mother in law, sister in law, brother in law, bhabhi etc … Read more
Appeals arising out of Family Courts of Districts Of all States in Punjab Haryana lies to High Court Chandigarh as FAQ akin First Appeal Against Order (Case Type). The decisions can be challenged as illegal, arbitrary and violation of settled principles of law contrary to the facts brought on record and thus where it is … Read more
A steep decline is clear in the male female ratio in India over the last century. It has declined from 972 females for each 1000 males in 1901 to 927 per thousand in 1991. The northern states show even poorer ratios than the national average. Along with other countries in South Asia, India must hold … Read more
Divorce is no longer shameful for the society if your marriage is not working. Though, you must check whether there is any scope for reconciliation or not, I say. Indians are known for long running marriages but also for the most suffering wives in the world. The competition between both the sex is on all … Read more
HISTORY Women have been considered to be the weaker sex ever since the inception, no matter if the queen is a women or a president has been a women yet as per history there has always been a male who has managed to dominate them. The reason why women have been considered weak is … Read more
The purpose of Law is not only to punish the guilty but also to rescue the innocent. Sometimes false cases are being filed on the innocent. These cases are frivolous and should not be pursued against the alleged person. Supreme Court and High court has power to quash a FIR such cases. The Apex court … Read more
Sending Legal Notices have become so common today that we see a trend today of sending Legal Notices before pursuing court cases be it Civil or Criminal or especially in rising number of matrimonial cases happening today. Out of all the cases, Matrimonial cases tops the chart when it comes to fresh cases being … Read more
The duty to pay spousal maintenance post-divorce is found in Section 7 of the Divorce Act, 70 of 1979. This duty arise in two ways: Section 7(1) of the Act provides that the court, when granting a decree of divorce, may in accordance with the written agreement between the parties, make an order with regard … Read more
Maintenance after divorce is given for providing financial support to wife. In India Maintenance is given to children, parents and wife after divorce which means that those persons who are entitled to get maintenance will get maintenance. Section 125 of Code Of Criminal Procedure gives neglected persons especially wife the right to claim maintenance. Also Read- MARRYING … Read more
No Divorce is easy be it online. Considering the pace at which divorces are happening in India the day is not far when divorces will happen online but not yet. So relax and chill. Just because you searched ‘How to get Divorce Online in India ‘ doesn’t mean you will get it. India is still … Read more
Custody generally means to take the person into your own authority or under your consideration. Custody is always taken of a person generally living person. Custody of NRI child in a case means: A husband and wife when have filed a petition for divorce and have a child from that marriage then with whom the … Read more
INTRODUCTION A person must get the basic requirements/amenities of life like food, clothing, shelter and other necessary requirements to live a dignified life. It is the natural duty of man to provide these amenities to his wife, parents and children as maintenance when they are unable to maintain themselves. STRUCTURE OF MAINTENANCE LAWS IN INDIA … Read more
Undoubtedly Sexual Harassment is one of the rising crimes in India. All credit goes to changing living conditions, migration of villagers to cities and modernization of ideas and concepts adopted from western society. Live in relationship was such a big taboo in 90s but now it is just the trend. Even people in 2 tier … Read more
There are many ways of doing any activity, whether be it constructive or destructive. Some persons use a different kind of tactics to attain the end result. They encourage another person to do an act in the same way as they want. Sometimes they hire such person to commit a crime as in case of … Read more
Post covers Bail, Anticipatory Bail, Regular Bail, Interim Bail in Chandigarh. Know the best from Bail lawyers of Chandigarh Panchkula Mohali Zirakpur Kharar and Derabassi. First of all, let me tell you how many types of bail are there; Bail at Police Station u/s 436 of CrPC– If the offence is bailable and police have … Read more
Legal Services Online Best Lawyers Punjab Haryana UT Chandigarh This includes Divorce Advice, DRT/Banking, Property/Land Law, Industrial Tribunal, IPR, Arbitration, NRI Legal Services, Criminal Civil Law, Corporate Law, Service/Employment, and Immigration Fraud Matters. We let you understand core issues with simplicity and calmness, so that with the right advice, you can have a smooth sail … Read more
The applicant filed an application for the delay of condonation due to the technical error by the bank. Facts of the case revolves with the possession. After listening to the both sides of the court held that the contention of the opposite party is not applicable and the complainant is entitled to the refund policy. … Read more
Here in this post, we bring judgment digest from the most recent judgment of Allahabad High Court where the appeal was made for Dissolution of Marriage dismissed by Family Court and now petitioner has preferred FAO (First Appeal against Order) under Section 19 of the Family Courts Act seeking declaration that his marriage with respondent … Read more
This post talks about QUASHING OF FIR FOR OFFENCES U/S 323, 324, 34 OF I.P.C. ON THE BASIS OF COMPROMISES BETWEEN PARTIES. In this post we will discuss the grounds of Quashing of FIR for offences under sections 323, 324 and 34 of IPC. Judgement Digest: Bajinder Singh @ Baj And Anr vs The State … Read more
RCR stands for Restitution of Conjugal Rights under Section 9 of Hindu Marriage Act, 1955. When either of husband or wife leaves matrimony without reasonable excuse, which then court will examine is made out or not. Through this analysis, the author will try to understand the concept of restitution of conjugal rights as under the … Read more
Post Covers Consumer Complaint Shivalik Infrastructure and Developers Pvt. Ltd. wherein possession not delivered within 1 year. Refund granted by court plus compensation. The excerpts taken from Case Title- Kiran Singh vs Shivalik Infrastructure and Developers Private Ltd. In CC/395/2017 decided on 16.3.2018. Introduction- Version of Complainant Complainant has filed this complaint against the opposite … Read more
The post covers critical analysis of nullity of marriage in Hindu Law viz sections Section 5, Section 11 & 12, Section 13. Through this post one can understand in the end, how would a marriage be declared null and void through courts in India. Introduction Marriage is a ceremonial union of individuals along with their … Read more
In this post we will discuss about Consumer Complaint against M/S Country Colonisers Pvt. Ltd by the complainant under Section 17 of the Consumer Protection Act 1986. Where consumer had booked a flat in their said project by paying all the amount. And in return the Respondent No.1 promised to deliver the possession within 30 months … Read more
In this post we will discuss about a case wherein the conviction was set aside by The Punjab and Haryana High Court on the ground that there is mere suspicion and no direct or circumstantial evidence in the case to indicate the guilt of the accused. Conviction set aside by High Court Also Read- … Read more
In this post we will discuss about an a petition by a proclaimed offender for Anticipatory bail wherein the court dismissed the petition and the petitioner was directed to surrender before the trial Magistrate within seven days. In this post we will discuss about a Petition filed by a Public Offender for concession of grant … Read more
In this post we will discuss a DRAT appeal wherein it was held in the following case that the view that notice to the borrower under rule 8(6) of the Security Interest (Enforcement) Rules, 2002 is a mandatory requirement laid down by the statute, and failure to issue such a notice would vitiate the auction … Read more
In this post we will discuss about the concept of shared household which states that every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title, or beneficial interest in the same. Shared Household in Domestic Violence Act A shared household as … Read more
Enhancement of Compensation on Account of Death MACT Case. In this post we will discuss about an appeal seeking enhancement of compensation on account of death of Sukhbir Singh in a motor vehicular accident that took place on 29.01.2010. Enhancement of compensation under MACT Law Today we will discuss about an appeal seeking enhancement of … Read more
In this post we will about procedure for quashing of FIR after the police conducted a raid and seized Liquor bottles from a person’s residence. JUDGEMENT DIGEST ON Ishvarbhai Samatbhai Chudasama vs. State of Gujarat In this case, we will cover and give an overview of the case Ishvarbhai Samatbhai Chudasama vs. State Of Gujarat … Read more
In this post we will discuss about the grounds for transfer of matrimonial disputes to the court of competent jurisdiction at Punjab Haryana High Court at Chandigarh. Shashi Bala vs Sanjeev Kumar 21 April, 2015 T.A. No. 612 of 2012 THE HIGH COURT OF PUNJAB AND HARYANATransfer Application No. 612 of 2012 (O&M)Date of decision: … Read more
In this post we will discuss about Anticipatory bail and its validity as per criminal procedure code through latest precedent of Supreme Court. Judgement Digest: Sushila Aggarwal and others vs State (NCT of Delhi) and another The recent decision of the Supreme Court which forms the present discussion offers an in-depth analysis of the provision … Read more
In this post we discuss about quashing of FIR when both the parties compromise in matrimonial disputes under the inherent powers of the court mentioned in Section 482 Criminal Procedure Code, 1973 between couple involving Husband & wife. INTRODUCTION:-Compromise quashing is filed in case of Non-Bailable Offence and non-compoundable Offences (S. 320 Cr.P.C.) or Offences under the … Read more
This post is a case digest on Appeal under Guardians and Wards Act 1890 for Custody of Child wherein the custody of two minor children were refused since they wanted to go back to their maternal grandfather and grandmother than their father as paramount in these cases is welfare of the child and nothing else. The appellant … Read more
POWER OF SHIROMANI GURDWARA PARBANDHAK COMMITTEE The Shiromani Gurdwara Parbandhak Committee (or SGPC) is an organization in India responsible for the management of gurdwaras, Sikh places of worship in three states of Punjab, Haryana, and Himachal Pradesh and union territory of Chandigarh. Also Read- Criminal Revision Cheque Bounce High Court Chandigarh The foundation of this … Read more
Through this post, we will dissect the essentials for granting a regular bail in the cases involving various sections of IPC including murder and conspiracy by delving deep into the niche aspects of the law. We look at this scenario in light of the judgement passed by the Punjab-Haryana High Court in the case of … Read more
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