Sunday, August 4, 2013

Compilation of 50 cases on Anticipatory bail, Acquittal EVEN when woman is dead, quash, proof of husband's income etc etc


Dear Readers

As you know these blogs have been a repository of a large number of court cases and interesting articles

I have made a very brief compilation of 50 cases posted the last three weeks !!

I plan to make more such compilations in the near future

Probably some one would be kind enough to send their cases to me so that I can blog and add them to this list ??

I'd be delighted to have your feedback and suggestions (as comments) to this blog



Act

Section(s)

Additional Act /sections IF any

Main classification

Sub classification

Brief notes

Original blog Link

Bitly / shorlink to blog

Cr PC

438

IPC 498a

Anticipatory bail

Anticipatory bail by senior citizens

Anticipatory bail granted to parents of 498a accused !!
Very sad case. 82yr senior citizen applyng bail. 498a by DIL. AB granted with conditions! 72 years old wife copetitioner. This is the sad fate of parents who have given illustrious sons to India…. No other country in the world jails or threatens to jail parents for marital break up of children

Link

http://bit.ly/11EFczT

Cr PC

438

IPC 498a,306

Anticipatory bail

Anticipatory bail even when woman dead

ANTIC bail granted even when wmn dead. 498a &306! Charity comisioner runs for anticp bail. Guj HC Grants A. Bail referring Satlingappa Mhetre

Link

http://bit.ly/1b4wYDP

Cr PC

438

 341, 342, 323, 307 and 506/34 of IPC

Anticipatory bail

Anticipatory bail for husband and family

Anticipatory bail granted to Husband and family accused in a host of cases
---------------
498a husb gets antic bail, FRUSTRATED wife files HOST of cases! husb gets antic bail AGAIN. Patna HC … this routine of women filing cases, police accepting these cases AS IS, husbands running for anticipatory bail, lawyers and the system laughing all the way to the bank has been going on since last 20, 30 years. IF anything the pace has increased in recent times !!

Link

http://bit.ly/17s1ioa

Cr PC

438

IPC 498a

Anticipatory bail

Anticipatory bail for sister in law

Sister in law gets AB in 498a case

Link

http://bit.ly/19FqQnQ

Cr PC

438

IPC 498(A),

Anticipatory bail

Anticipatory bail while husband still employed abroad !

Good case for NRIs. 498A + package, Husband abroad, NO injuries, wife alive, Anticipatory bail by Kerala HC EVEN when husband abroad  !

Link

http://bit.ly/13cyflP

Cr PC

439

IPC 498a

Bail

Bail

Bail granted to relative of a husband, even when woman is dead

Link

http://bit.ly/13EOqcV

Cr PC

439

IPC 498a,306

Bail

Bail

Bail granted even when wife is dead :
Wife with infertility prblms commits suicide. husband know to have provided treatment to her. Arrested runs for rglr bail! Granted! 306, 498a Case to run as long as it takes !

Link

http://bit.ly/18VKYiG

Cr PC

438

IPC 498(A), 294(b) read with 34

Bail

Bail for entire husband's family

Husband,sister,father,mother ALL get bail. NONE arrested !!

Link

http://bit.ly/1ekBgXF

Cr PC

438, 439

IPC 406, 420

Bail

Bail, anticipatory Bail

Jharkhand HC : Normally bail should be granted & refusal should be an exception !!!: 498A, IPC & 4 DP Act cases, where serious physical injury is NOT present !! this was a clear direction to all subordinate courts as early as 2002 …yep 11 years ago !!!

Link

http://bit.ly/15trqDg

Cr PC

438

IPC 376

Bail

Offense in one state, Bail in another !

offense in Rajastan, Bail from Orissa; Orissa HC says PART of offence committed in Orissa !! VERY good idea husbands can use because always the FALSE allegations say that part of the married life was at the Husband's state, so one could rope in the husband's state jurisdiction !!!!

Link

http://bit.ly/16slLvV

Cr PC

438

47, 148, 149 and 307, I.P.C

Bail

Offense in one state, Bail in another !

Crime, FIR, CS in one state. Anticipatory Bail from another state, i.e. state where accused lives and apprehends arrest !! Another Delhi HC gem on this area / issue of anticipatory bail

Link

http://bit.ly/149YLRz

Cr PC

438

420, 406 & 411, IPC

Bail

Offense in one state, Bail in another !

while offence registered in one state bail can be obtained from another state, state where accused is living !! Delhi HC Gem

Link

http://bit.ly/19Fi9tv

Cr PC

 

 

Bail Cancellation

Bail Cancellation

Police involved in fake encounter killing of MBA studnt evade arrest &get bail! Democracy Rocks !

Link

http://bit.ly/1coJukO

GWA, HM&GA

GWA - 7 & 25
HM&GA - 6

 

Custody of minor

Custody of minor daughter given to father

Father gets custody of MINOR GIRL child. Supreme court interviews Child. Child wishes to stay with dad! Supreme court grants custody to father

Link

http://bit.ly/13EOfyq

IPC

498a, 306

 

Custody of minor

Custody of minor daughter given to father

Madras HC. Father gets MINOR 2yr old child custody EVEN when wife dead. Originally NO allegations vs kid's father / husband. Later on complaint by (dead) wife's father case regustered against father a service man who is arrested and then released on bail !! Once released on bail he seeks custody of kid !! and wins custody !!

Link

http://bit.ly/15dSa8l

HMA

13(1), (1a) etc

 

Divorce

Divorce

how an ex IG OF police got quick divorce after FORTY YEARS ..yep 40 years desertion &cruelty by wife… The Honorable court says wife treated him cruelly while wife says he had a concubine and even his dad had a concubine.

Link

http://bit.ly/149WtBU

HMA

28

HMA 13(1), (1a) etc

Divorce

Irretreivable breakdown of marriage

Irretreivable breakdown of marriage :
"... From the parties evidence it is evident that this wedlock has rather become a deadlock…". "….Thus it is evidence that marriage is irretrievable broken. It is in the interest of justice that decree of divorce be granted s..."

Link

http://bit.ly/1cdme9s

Cr PC

374(2)

498(A), 304-B r/w 306 I.P.C + 4 DP Act

Dowry Death

Dowry Death

Fine distinction between 498a and 304B, IPC

Link

http://bit.ly/19FyhLI

IPC

304B

 

Dowry Death

Dowry Death

woman dead due to burns. Husband and mother in law convicted

Link

http://bit.ly/1cAfEbw

IPC

498a, 304B

 

Dowry Death

Husband / In Laws acquitted  even when wife is dead

Husband and In Laws acquitted  even when wife is dead : electric shock death becomes DOWRY death!! in laws ACQUITTED 15 years later EVEN when wife dead!! DELHI HC . The Honorable High Courts look look into the TRUTH

Link

http://bit.ly/13EMql4

IPC

498a, 304B

 

Dowry Death

Husband / In Laws acquitted  even when wife is dead

Husband acquitted EVEN when wife dead. Husband abducted wife and conducted marriage, so all in husband's family thrown into dowry case when wife died

Link

http://bit.ly/15ECfzS

IPC

498a, 304B

 

Dowry Death

Husband / In Laws acquitted  even when wife is dead

wife dead due to burn injuries. husband acquitted. supreme court GEM! SC blasts trial court and others. THERE IS NO evidence says SC !! Supreme court beautifully goes into all the allegations and tears them to shreds. Husband and family waste ten years of life before SC saves them !!

Link

http://bit.ly/11ea7CR

IPC

498a, 304B

 

Dowry Death

Husband / In Laws acquitted  even when wife is dead

wife dies within 7 yrs of marriage. Prosecution Claims husband & co harassed woman for gold re. Kid's ear boring ceremony. Husband & co ACQUITTED.
---------------
(a) Dowry has to be demanded IN CONNECTION with marriage !!
(b) There should be proximity / connection between woman / wife's death and demand. both portions NOT available ….so HUSBAND and others acquitted !! Honourable Madras HC says and I quote "…Therefore, taking the totality of the materials on record and facts and circumstances of the case into consideration, it will only lead to the irresistible conclusion that the analysis of evidence by the Trial Court is not in a right perspective manner and it warrants interference by this court….."

Link

http://bit.ly/1b4G5ob

IPC

498a, 306

 

Dowry Death

Husband / In Laws acquitted  even when wife is dead

police constable wife dies due to hanging. husband & co hauled up for yrs, till HC frees them !! clear case where the interested witnesses, relatives of the wife, keep on improving on their statements and try to allege dowry death… numerous contradictions and slender prosecution case !! HC cites other case law to say that this is how LOWER courts are NOT to decide cases !!!

Link

http://bit.ly/13xsqV8

IPC

498a, 304B

 

Dowry Death

Husband / In Laws acquitted  even when wife is dead

wife dies '96. police presurized 2 file dowry death. ant bites called injuries ! husb & co strgl 14yrs for justc!. finally HC appreciates the case and frees them; PW.12 Murugeswaran, Superintendent of Police, Coimbatore who took up the case for investigation testifies that there was heavy pressure from PW.1, the father of the deceased to charge Appellants for murder and he refused to accede !! He gets transferred, next superintendent of police comes and the husband and co are charged with 498a etc!!!

Link

http://bit.ly/191saBU

IPC

302

498A & 307

Dowry Death

MIL convicted u/s 302 for allegedly killing / burning DIL

OWN brothers witness AGAINST dead wife & say she mad &  and she suffered fits! STIL the mother in law is sentanced for life. The mother in law is the only person at home on the date of the fateful incident and wife's dying declaration says MIL poured kerosine etc

Link

http://bit.ly/1915NN5

IPC

498a

 

Dowry, Cruelty - 498a

Flimsy and frivolous dowry case by wife. How police filed final report in this case

Clean my own toilet & wash own clothes? Bedroom NOT ready B4 I came?? Cruelty!! Cruelty!! Cruelty!!

Link

http://bit.ly/1b4v5ap

DV Act

13, 18 etc

 

DV

DV Act proceedings

Initial Proceedings in DV act are CIVIL in nature. Magistrate not issue summons u/s 61 Cr.P.C. treating respondents as accused ! Magistrate to tread carefully.The status of the respondents should not be treated as that of accused and that would spoil the very tenor and tone with which the Act has been drafted. Only when there is a breach of protection order should the matter become criminal !!

Link

http://bit.ly/13EIxMP

Cr PC

482

IPC 498(A),

Exemption from appearance

Exemption from appearance

NRI Husband working abroad with bail. Personal appearance NOT needed for trial. Kerala HC …A very good case for 1000s of NRIs who are trying to conduct their criminal cases without personal appearance.

Link

http://bit.ly/1ekFBtT

Constitution

Art 226

 498-A,  506(ii) I.P.C

Honourable acquittal

Efffect of Honourable acquittal. Departmental inquiry to be dropped

departmental inquiry be dropped +dismissal struck down when husband gets honorable acquittal in 498a. Madras HC:
-----------------------------------------
After acquittal of husband in criminal case / complaint given by wife, there is no possibility to adduce further evidence in departmental proceeding & establish alleged delinquency. Departmental proceeding solely based on criminal case registered by wife, which ended in hon'ble acquittal. Nothing survives against husband after honourable acquittal, hence, he need not face ordeal of departmental proceeding. Court has no hesitation to quash department proceeding

Link

http://bit.ly/13EZEy1

Cr PC

482

 

Husband's counter complaint against wife

Husband's counter complaint against wife

Husband can file complaint agnst wife. He can ALSO apprch HC & get directions to make police act on complaint

Link

http://bit.ly/16l9kQA

HMA

24

Evidence Act 106

Husband's income

Proof of Husband's income

Husband to disclose his Income as it was within his special knowledge. Section 106 of the Evidence Act. Smt. Chandana Guha Roy vs Goutam Guha Roy on 26 September, 2003. Calcutta HC gem which repeatedly stresses that (a) Husband has to provide proof of his income (b) If husband fails to provide so the court can assume an income for the husband based on material on hand (including assumptions / guess by wife !!)

Link

http://bit.ly/16Ttcdx

HMA

24

Evidence Act 106

Husband's income

Proof of Husband's income

husband's duty to prove his own income. S106 EvidenceAct, burden of proof on husband as it is within his special knowledge regarding his income, Calcutta HC Decision !!

Link

http://bit.ly/16kUFF7

HMA

24

 

Maintenance to un employed husband

Maintenance to un employed husband

IF you are A MALE, you cannot voluntarily sit at home &demand money. Madras HC.  "…If a person is an able bodied person and is well qualified and has already been in the job is not expected to remain as an idle spectator nor squeeze out the other spouse by relieving her purse for a cut in the nature of pendente lite maintenance claim. …." Oh Goody Goody …what would the decision be when the shoes is on the other foot ??

Link

http://bit.ly/13O0zvn

Delhi Police Act

21

 

Misconduct in duty

Misconduct in duty

Have guts file cases agnst policeman ? Here's one complaint agsnt police man snatching Rs. 500.  Police man suspended 5 yrs! The complainant was a very ordinary man

Link

http://bit.ly/11EwEcd

Delhi Police Act

 

376 IPC

Misconduct in duty

Misconduct in duty

policeman uses illicit lover female, files FALSE RAPE cases, extorts money!! when caught appeals dismissal drags case for years !! Is this how RAPE statistics is built up in India . Delhi HC DISMISSES his appeal. Delhi HC gem

Link

http://bit.ly/1cAeVHt

IPC

300, 34

 

Murder

Wife Murders husband feeding him sleeping pills and cutting throad along with loverboy

Feed sleep pill Join loverboy CUT hubby's throat &kill. When neighbors ask wife say MEAT cut/accidental blood !! Wife finally caught AFTER husband's corpse starts rotting / smelling !!!

Link

http://bit.ly/182hQFq

IPC

304 - part I

 

Murder

Wife Murders husband pouring acid on him

Wife convicted for killing husband and sentanced to RI

Link

http://bit.ly/17rStuy

Cr PC

482

IPC 498a

Quash 498a

Quash of 498a case

even when wife takes moolah &wishes to settle parties to run to HC as trial court need not, can not compund

Link

http://bit.ly/13x8oKk

Cr PC

482

IPC 498a

Quash 498a

Quash of 498a case

Quash of 498a against sister in law living in a completely different house : Bombay HC : 78yr old parents +48yr sis-inlaw run to quash 498a! NO RELIEF SENIORS; Only quash fr sis in law!! 9+ mnths 498a! Marriage 28th Jan 2012 ; SECOND marriage for husband ; Ablaa naari wife leaves matri home 2nd Aug 12 ; 498a 05th Oct 12! ; 498a ALSO on elderly father 78 years old , elderly mother 72 years old, middle aged sister in law 48 years old ; MARRIED sister in law ALWAYS living completely in a different house !! all run for quash. Sis in law gets quash !! Bombay HC Tazaa case !! Tazaa case !! …. important learnings !!

Link

http://bit.ly/1coDlVI

Cr PC

482

IPC 498(A),

Quash 498a

Quash of 498a case

Quash of 498a after marriage is over and matter settled . Prosecuterix turns hostile
---------------------
of course NO punishment to woman for filing false case !!

Link

http://bit.ly/14abcgb

Cr PC

482

IPC 498(A),

Quash 498a

Quash of 498a case

Lower court convicts / sentances husband. Still matter compromised. Parties have divorced (at Family court) . So HC Quashes 498a case
-----------------
will be useful IF some one is convicted at lower court !!

Link

http://bit.ly/1coGBjY

Cr PC

482

IPC 498(A),

Quash 498a

Quash of 498a case

elderly father and mother try quash but get only exemption of personal presence. No quash !! case to proceed and elders may appear unless magistrate needs them to appear

Link

http://bit.ly/16syAGE

Cr PC

482

 498-A,  506(ii) I.P.C

Quash 498a

Quash of 498a case

Quash denied as case proceeding in lowe court
----------------
Case proceeding in lower court, NO quash. Continue @lower court! JUST 3 years life wasted! HC cannot interfere because husband has filed "…prayer for quashing the proceedings at belated stage …"

Link

http://bit.ly/14V1Hxg

Cr PC

397 and 401

 498-A, 494, 506(ii) I.P.C

Refund of bail bonds / security deposits

Refund of bail bonds / security deposits

if High court suspends sentance under section 498a, 506 of IPC , Judicial Magistrate court to refund surity deposit to accused even if appeal is pending

Link

http://bit.ly/19FxPNn

IPC

498a

 

Suspension of Sentence in 498a by HC

Suspension of Sentence in 498a by HC

even IF lower court sentences HC grant suspension of sentence; it will take ages for revision to be argued in HC & finally matter proven ; a story of how How lives are wasted …. !! short + simple order fro Rajasthan HC

Link

http://bit.ly/17rQgPy

Cr PC

407, 482

IPC 498a

Transfer 498a

Transfer petition by husband

Married late 2010, 498a early 2012 (meaning wife leaving, police case all over by then!!), Husband gets bail, but Husband scr3ws his own transfer case NOT appearing many times & NOT paying a penny to wife & 15 month kid. Husband claims wife's uncles are lawyers in the same court and threatening him !! This MAY well be true. Wife's side says Husband HAS a bail and STILL not appearing. Now whom to believe ???

Link

http://bit.ly/1cowpYO

Cr PC

482

IPC 498a, 406

Transfer 498a

Transfer petition by husband

498a+ pack. EVIL Male aka Husband seeks transfer 2 his place. Ablaa Naari unemployed cannot travel, so reject

Link

http://bit.ly/13xh3MQ

IPC / HMA

IPC 498A / HMA 9

 

Transfer HMA Sec 9

Transfer petition by wife, seeking transfer of Matrimonial suit

Wife applies FOR tranfer of matrimonial suit. No one appears on husband's side. HC grants transfer of civil suit & GRANTS BAIL TO HUBBY ! Jharkhand High Court

Link

http://bit.ly/1bdfeK3

Constitution

Art 226

 

Writ challenging husband's dismissal

Writ challenging husband's dismissal

Husband asks coffee. Wife refuses. So Husband makes coffee, sets off small fire by mistake. Husband dismissed !! Because he is suspected of creating a fire to burn the wife !!! Husband has to run to HC…..and IF any of you think I'm joking, please read the case

Link

http://bit.ly/16kUXMj

 

 

 

Writ petition assailing Suspension from service

Writ petition assailing Suspension from service for misconduct

don't cry wife took cash. airport screening POLICE can take ur cash!! 5lakhs for kids admission gone!! parent's Pathetic Tale comming to us thru a case before the Dehi HC !!

Link

http://bit.ly/1ekrox8

Cr PC

482

498a IPC, 125 Crpc

Writ Petition to stop husband's official transfer

Writ Petition to stop husband's official transfer

husband's official transfer cannot be stopped by wife's 498a, 125 package or her transfer petitions !! Husband to appear by counsel or appear after taking leave !! MORAL of the story : men to continue working / earning to provide for the "alomony" industry

Link

http://bit.ly/16soplm

 



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regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist