Search Results for "Presumption under Section 113A Evidence Act"

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Search Results for "Presumption under Section 113A Evidence Act"

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Supreme Court

Supreme Court Upholds Conviction of Accused in Dowry Death and Abetment of Suicide Case Under Sections 304B and 306 IPC. The Court interpreted 'soon before' in Section 304B IPC as requiring a proximate and live link between dowry demand and death, not immediate proximity, based on legislative intent to address social evil.

28 May 2021

The appeals arose from the High Court's dismissal of the appellants' criminal appeals, upholding their conviction and sentence by the Trial Court for ...

Supreme Court

Supreme Court Partially Allows Appeal in Dowry Harassment and Abetment of Suicide Case - Conviction Under Section 498A IPC Upheld, Conviction Under Section 306 IPC Set Aside. The court held that while harassment under Section 498A IPC was proven through witness testimony, abetment of suicide under Section 306 IPC required evidence of instigation or intentional aid as per Section 107 IPC, which was lacking in this case.

28 Feb 2023

The Supreme Court heard an appeal against the High Court of Karnataka's judgment that dismissed the appellants' criminal appeal and confirmed their co...

High Court

Bombay High Court Upholds Conviction for Abetment of Suicide and Cruelty in Dowry Demand Case. Appellant convicted under Sections 498A and 306 IPC for subjecting wife to cruelty and driving her to suicide due to unlawful demand of Rs.50,000.

9 Feb 2018

The appellant, Ashok Moon, was convicted by the 3rd Adhoc Additional Sessions Judge, Wardha in Sessions Trial 78/2003 for offences under Sections 498A...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in POCSO Case — Acquittal Upheld as Prosecution Witnesses Turn Hostile and Evidence Lacks Credibility.

21 Dec 2020

The State of Maharashtra appealed against the judgment and order dated 05.01.2019 passed by the Additional Sessions Judge-1, Gondia (Designated Court)...

Supreme Court

Supreme Court Allows Appeals in Section 498A Jurisdiction Case, Holding That Courts at Wife's Parental Home Have Jurisdiction. The court ruled that cruelty under Section 498A IPC is a continuing offence and its consequences ensue at the parental home, conferring jurisdiction under Section 179 CrPC.

9 Apr 2019

The case involves a group of appeals concerning the jurisdictional issue under Section 498A of the Indian Penal Code (IPC) and the Code of Criminal Pr...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Cruelty and Abetment of Suicide Case — No Evidence of Demand for Dowry or Cruelty Leading to Suicide. The court upheld the acquittal of the accused under Sections 498A and 306 IPC, finding the dying declaration unreliable and no proximate link between alleged cruelty and suicide.

20 Feb 2020

The State of Maharashtra appealed against the acquittal of the respondent-accused, Balu Ravji Abhang, by the IInd Additional Sessions Judge, Nashik, f...

High Court

Bombay High Court Upholds Conviction of Husband and Mother-in-law for Abetment of Suicide and Cruelty — Concurrent Findings of Fact Not Disturbed in Revision. The court held that the evidence of cruelty and the presumption under Section 113A of the Evidence Act, 1872 were sufficient to sustain the conviction under Sections 498A and 306 IPC.

12 Jun 2014

The case arises from the death of Lilabai, wife of applicant No.1 Vishwas Yamaji Pawar, who was found drowned in the Pravara river on 7th September 19...

Supreme Court

Supreme Court Allows Wife's Complaint at Parental Home in Section 498A IPC Case — Jurisdiction Based on Continuing Offence and Consequences Under CrPC Sections 178 and 179.

9 Apr 2019

The case involved a group of appeals concerning the jurisdictional issue under Section 498A of the Indian Penal Code (IPC) read with Sections 177, 178...

High Court

Karnataka High Court Hears Appeal Against Conviction for Dowry Death and Cruelty — Issues of Demand for Money and Presumption under Evidence Act Raised. Demand of Rs.1,00,000/- by Husband within Two Months of Marriage Alleged to Constitute Dowry Under Sections 304B IPC and 4 of Dowry Prohibition Act, with Reliance on Rajinder Singh v. State of Punjab.

20 Nov 2015

The present appeal arose from a judgment of conviction and sentence passed by the I Additional Sessions Judge, Mangalore, in S.C.No.125/2007 dated 6.5...

High Court

Bombay High Court Sets Aside Bail Granted to Husband in Dowry Death Case — Prima Facie Case of Cruelty and Abetment of Suicide Established Under Sections 498-A, 306 IPC. The court found that the Sessions Judge's order was perverse and failed to consider the material on record showing dowry demands and harassment leading to suicide.

30 Aug 2011

The applicant, Arun Sudhakar Jain, the father of the deceased Vijaya, filed a criminal application under Section 439(2) of the Code of Criminal Proced...

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