GUJARAT HIGH COURT: ‘FORMER WIFE’ NOT A ‘RELATIVE’ OF HUSBAND AND CAN’T BE PROSECUTED FOR 498A IPC

The Gujarat High Court has quashed a case against the former wife of a man whose present wife had filed a criminal case under Section 498A IPC arraying her as well, as an accused. The complainant wife had alleged that her husband after getting married to her, went back to his divorced wife. She had arrayed the former wife also as accused in her complaint, along with her husband.

Justice JB Pardiwala observed that even if it is assumed that the husband went back to his first wife, the fact remains that as the marriage was dissolved, the former wife would not fall within the ambit of “the relative of the husband”.

A Section 498A IPC offence came up for consideration before Kerala High Court in M Abdul Sathar v Aneesa. In the said case, the court had held that if the former husband had subjected a divorced wife to cruelty in his status as her husband during subsistence of their marriage, he will be liable for offence under Section 498A of IPC. But, if the alleged act of cruelty is committed by a former husband on the divorced wife after divorce, no offence under Section 498A IPC will lie against him.

GUJARAT HIGH COURT: INVESTIGATION OFFICER CAN’T PROVE CONTENTS OF FIR IN CASE OF DEATH OF INFORMANT UNLESS HIS DEATH HAS A NEXUS WITH THE FIR LODGED

The Gujarat High Court, in Bhavanbhai Premjibhai Vaghela vs State of Gujarat, has held that an Investigating Officer cannot depose the contents of the FIR in the absence of the informant, who died a natural death, or whose death has no nexus with the with the complaint lodged.

In the instant case, the informant, during the pendency of the trial, died a natural death. The Investigation Officer, during his examination, deposed exact contents of the entire FIR. The objection by the defence counsel that it is not permissible in law for the investigating officer to prove the contents of the FIR if the first informant is dead was over-ruled by the trial court. This was challenged before the High Court. Justice JB Pardiwala observed that the investigating officer, in the course of his deposition, should not be permitted to depose the exact contents of the FIR so as to make them admissible in evidence.

SUPREME COURT ISSUES FRESH GUIDELINES ON S.498A IPC, NOW ARRESTS ONLY AFTER PANEL’S ADVICE

Supreme Court has issued new set of directions to prevent the misuse of Section 498A of Indian Penal Code. It observed that arrests u/s 498A could be carried out only on advice of civil society panels that must be set up in every district.

 

 

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SUPREME COURT REVIVES CRIMINAL CONSPIRACY CHARGES AGAINST LALU PRASAD IN FODDER SCAM CASE

News Date: 08 May 2017

Supreme Court has revived criminal conspiracy charges against RJD supremo Lalu Prasad Yadav along with others, including former Bihar chief minister Jagannath Mishra and ex-top bureaucrat Sajal Chakraborty, in the Rs 900 crore fodder scam case.

 

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#BREAKING ON NIRBHAYA CASE: SC UPHOLDS CAPITAL PUNISHMENT FOR CONVICTS IN 2012 DELHI GANG RAPE CASE

 

News Date: 05 May 2017
Supreme Court of India has upheld Death penalty of all four convicts in December 16, 2012 gang rape and murder.

 

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SUPREME COURT UPHOLDS DEATH PENALTY FOR RAPING, KILLING FOUR-YEAR OLD GIRL

News Date: 04 May 2017
Supreme Court has dismissed a review petition of a 55-year-old man and sent him to gallows for raping and stoning to death a four-year-old girl in 2008.

 

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SUPREME COURT DIRECTS CBI TO COMPLETE PROBE IN TIME-BOUND MANNER IN RAJIV GANDHI ASSASSINATION CASE

News Date: 02 May 2017

Supreme Court has directed Central Bureau of Investigation (CBI) to complete probe in a time-bound manner and see if there is a larger conspiracy involved in Rajiv Gandhi assassination case.

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SUPREME COURT: ‘EVE-TEASING VIOLATES WOMAN’S RIGHT TO LIVE WITH DIGNITY’

News Date: 01 May 2017

Supreme Court, sending out a stern message to law enforcement agencies to deal with eve-teasers and stalkers with a firm hand, has said that eve-teasing violates a woman’s fundamental rights to live with dignity and she could not be forced to love a person, not of her liking.

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SUPREME COURT SAYS ‘FIRS’ SINE QUA NON FOR ENCOUNTERS EVEN IN AFSPA AREAS

News Date: 28 Apr 2017

Supreme Court has upheld its direction for mandatory registration of FIR against Armed Forces Personnel, even in disturbed areas under Armed Forces Special Power Act (AFSPA), for every encounter death despite Centre pleading that this order could jeopardise efforts to maintain peace and security.

SUPREME COURT: ‘ACCUSED CAN’T CLAIM UNFETTERED RIGHT TO INSPECT CASE DIARY ‘

News Date: 25 Apr 2017
Supreme Court, while rejecting plea of an accused facing trial to produce certain pages of police diary obtained by him through RTI for the purpose of contradicting police officer, has reiterated that accused cannot claim unfettered right to inspect case diary.

 

SUPREME COURT DENIES RELIEF TO BIHAR TOPPER SCAM MASTERMIND BACHCHA RAI

News Date: 20 Apr 2017
Supreme Court has quashed Patna High Court’s order granting bail to Bachcha Rai, the mastermind of Bihar School Examination Board (BSEB) topper scam.

 

SUPREME COURT: COURT SHOULD NOT SURRENDER ITS JUDGMENT TO ‘EXPERT’ WITNESS

News Date: 20 Apr 2017
Supreme Court, while upholding a High Court order which has set aside conviction of accused in a murder case, has observed that Court cannot be expected to surrender its own judgment and delegate its authority to a third person.

 

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SUPREME COURT: FIR CAN BE PARTLY QUASHED IF NO COGNIZABLE OFFENCE IS MADE OUT AGAINST ACCUSED

News Date: 20 Apr 2017
Supreme Court has observed that an FIR can be quashed in part against some accused against whom no cognizable offence is made out.

 

 

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SUPREME COURT DIRECTS SAMSUNG TO OBEY ITS 2014 ORDER

News Date: 19 Apr 2017
Supreme Court has said that its 2014 order asking Samsung group chairman Lee Kun-hee to appear before a local Court in a cheating case may be wrong, but he must obey it as long as it isn’t set aside.

 

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SUPREME COURT QUESTIONS ARMY’S SILENCE OVER RAPE, MURDER ALLEGATIONS DURING INSURGENCY IN MANIPUR

News Date: 19 Apr 2017
Supreme Court has asked Army why it chose to maintain silence despite Commissions of Inquiry set up by Manipur Government over alleged rape and murder against its personnel in Manipur during insurgency.