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Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Acquits Accused in Dowry Death Case Due to Unreliable Witnesses and Contradictions. Presumption Under Section 113B of Evidence Act Not Triggered as Prosecution Failed to Prove 'Soon Before' Cruelty.

23 Jul 2019

The case pertains to the death of Ishwari Devi, who died by burning herself on 05.06.1991, within 1.5 years of her marriage. The appellants, her husba...

Supreme Court

Supreme Court Dismisses State Appeal in Dowry Death Case Due to Weak Evidence. High Court Acquittal Upheld as Prosecution Failed to Prove Cruelty Soon Before Death Under Section 304B IPC.

13 Jun 2019

The State of Haryana appealed against the acquittal of Angoori Devi and others by the Punjab and Haryana High Court, which reversed their conviction u...

Supreme Court

Supreme Court Allows Summoning of Foreign Doctor as Witness in Dowry Death Case — Emphasizes That Evidence Essential for Just Decision Cannot Be Denied on Ground of Delay. The court held that Section 311 CrPC empowers the court to summon any person if his evidence appears essential to the just decision of the case, and the Trial Court's rejection on ground of delay was not judicious.

16 Apr 2019

The appellant, mother of the deceased, sought to summon Dr. I. Yusuf, who conducted the first post-mortem in Nigeria, as a witness under Section 311 C...

Supreme Court

Supreme Court Allows Appeals in Section 498A Jurisdiction Case — Courts at Wife's Parental Home Have Jurisdiction Even Without Overt Acts of Cruelty There. Continuing Offence and Consequence-Based Jurisdiction Under CrPC Sections 178 and 179 Apply to Section 498A IPC.

9 Apr 2019

The case involves a group of appeals before the Supreme Court of India concerning the jurisdictional issue under Section 498A of the Indian Penal Code...

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...

Supreme Court

Supreme Court Allows Appeals in Section 498A IPC Jurisdiction Case — Holds That Courts at Wife's Parental Home Have Jurisdiction Even Without Overt Acts of Cruelty There. The Court ruled that the offence of cruelty under Section 498A IPC is a continuing offence and the consequences ensue at the parental home, conferring jurisdiction under Sections 178 and 179 CrPC.

9 Apr 2019

The case involves a group of appeals before the Supreme Court of India addressing a conflict of judicial opinion on the jurisdictional issue under Sec...

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...

Supreme Court

Supreme Court Upholds Interim Maintenance Under Domestic Violence Act Against Brother-in-Law Based on Joint Family Business and Shared Household Allegations. Court declines to interfere with interim maintenance order at this stage, leaving merits for trial.

8 Apr 2019

The Supreme Court disposed of an appeal against an interim maintenance order under the Protection of Women from Domestic Violence Act, 2005. The first...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Family Members in Dowry Harassment Case Due to Vague Allegations and Lack of Territorial Jurisdiction. The Court held that the complaint under Section 498A IPC and Dowry Prohibition Act was an abuse of process as the allegations were general and the incident alleged to create jurisdiction was not corroborated.

1 Apr 2019

The Supreme Court allowed the appeals filed by Rashmi Chopra and others against the judgment of the Allahabad High Court dated 08.08.2018, which had d...

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