#legalissue | Explore Tumblr Posts and Blogs

seemabhatnagar · 1 year

Text

Death within 7 years of marriage is not sufficient to convict the accused

#CriminalAppeal before #SupremeCourt by appellant/ alleged accused husband in #DowryDeath Case

Charan Singh v. The State of Uttarakhand

Background:

The appellant / husband of the deceased filed the present appeal challenging his #conviction and sentence under sections 304B, 498A and 201 of Indian Penal Code, (IPC) 1860. The #TrialCourt had #sentenced the appellant to undergo #RigorousImprisonment (RI) for #10years under Section 304B, 2 years under #Section498A and 2 years under Section 201 IPC.

However, the #HighCourt of #UttarakhandatNainital had #reduced the #sentence of the appellant #underSection304B #IPC from ten years to seven years.

Facts:

Complainant story is deceased daughter Chhilo died within two years of her marriage. She had informed her parents several times demand of motor bike and later demand of land was also made by her in laws. As the demand was not fulfilled, she was murdered by her-in -laws. Her death was informed to the complainant father by a villager Jagir Singh of Bhogpur Dam where Chhilo was living.

After investigation Charge sheet was filed against husband Charan Singh(Accused-1), Gurmeet Singh-brother-in-law(Accused-2) & Santo Kaur-Mother-in-law(Accused-3).

Pertinent points raised by the Appellant’s Counsel:

· The conviction and sentence of the appellant cannot be legally sustained either under Sections 304B or 498A IPC.

· Pre-requisite for S.304B- Soon before the death, the deceased had been subjected to cruelty or harassment for or in connection with any demand of dowry.

· Presumption regarding Dowry Death – It can be raised u/s113 B of Indian Evidence Act provided it is shown that soon before death, such woman had been subjected to cruelty or harassment for, or in connection with the demand of dowry.

· Prosecution Evidence- None of the witnesses have stated that there was any harassment or cruelty to the deceased or demand of dowry immediately before her death.

· The maternal grandmother and two maternal uncles who were living at distance of about one farlang from the village of the deceased were present at the time of the of cremation did not raise any issue either by lodging a complaint to the police or otherwise.

· Material Witness, Jagir Singh, who was named by the complainant in the FIR, has not been produced by the prosecution in evidence.

· Once the ingredients of Sections 304B, 498A IPC and Section 113B of Indian Evidence Act are not made out, no presumption of dowry death can be raised.

· When allegations against the appellant, his brother and mother were same why State has not preferred appeal against acquittal of his brother and mother.

· Besides death of the wife of the appellant was not unnatural as she was suffering from fits. This was admitted by the maternal grandmother in her cross examination.

Submission of the State:

· A young woman was killed by her in-laws in lust for dowry. The marriage was merely two years old and the death was unnatural.

· The maternal grandmother and the two uncles who were present at the time of cremation had seen injury marks on the body of the deceased and also the broken tooth. They could not lodge the complaint as they were threatened.

· The death occurred in the matrimonial home, hence onus lies heavily on the appellant to dislodge the presumption.

Point to be decided:

The case in hand falls in the category where the presumption can be raised against the appellant relieving the prosecution from proving its case and putting the onus on the accused/appellant.

Observation of the Supreme Court:

· In the evidence led by the prosecution, none of the witnesses stated about the cruelty or harassment to the deceased by the appellant or any of his family members on account of demand of dowry soon before the death or otherwise. Rather harassment has not been narrated by anyone. It is only certain oral averments regarding demand of motorcycle and land which is also much prior to the incident.

· Evidence led by the prosecution does not fulfil the pre-requisites to invoke presumption under Section 304B IPC or Section 113B of the Indian Evidence Act.

· The ingredients of Section 498A IPC are not made out as there is no evidence of cruelty and harassment to the deceased soon before her death.

· Defence Witness (DW-1) Gurmej Sing/head of the village had stated that the information about the death was given to the parents of the deceased and other family members. He stated that belongings of the deceased were handed over to her maternal grandmother and uncle after cremation.

· His statement is in line with the admission made by Biro Bai (PW-3), maternal grandmother, Balbir Singh (PW-2)(maternal Uncle.

· On a collective appreciation of the evidence led by the prosecution, we are of the considered view that the prerequisites to raise presumption under Section 304B IPC and Section 113B of the Indian Evidence Act having not been fulfilled, the conviction of the appellant cannot be justified.

· Mere death of the deceased being unnatural in the matrimonial home within seven years of marriage will not be sufficient to convict the accused under Section 304B and 498A IPC

Decision of the Apex Court: The Division Bench of the #ApexCourt comprising Hon'ble Mr. Justice Abhay S Oka J & Hon'ble Mr. Justice Rajesh Bindal J vide their order dt.20.04.2023 held that conviction and sentence of the appellant under Section 304B, 498A and 201 IPC cannot be legally sustained & allowed the criminal appeal. The impugned judgment of the High Court is set aside.

Seema Bhatnagar

#lawyers #law #legalcommunity #criminallawyer #highcourt #supremecourtofindia #criminalcase #legalissue

1 note · View note

hargo-news · 4 months

Text

Debt Dispute Case Involving Candidate in Bone Bolango: Defendant Again Absent

#DebtDispute #BoneBolango Debt Dispute Case Involving Candidate in Bone Bolango: Defendant Again Absent

Hargo.co.id, GORONTALO – The defendant in a breach of contract (default) or debt dispute case with case number 21/Pdt.G.S/2023/PN Gto, identified as RD, once again failed to appear at the trial held by the Gorontalo District Court on Thursday (28/12/2023). The exact reason for RD’s absence from the session presided over by single judge Hascahyo is unknown. Despite information indicating that RD’s…

View On WordPress

#Bonebolango #DebtDispute #DefaultCase #GorontaloCourt #Judiciary #LegalIssue #RD #RioRuchban #YopiAbas

0 notes

usanewsnow247 · 3 months

Text

Caroline Manzo Sues Bravo for Sexual Harassment in Glanville Incident

1 note · View note

saudi-visa · 8 days

Text

Heading to Saudi Arabia? Make sure you're prepared! 🌍✈️

Always have a valid Saudi eVisa and passport on hand. 🛂 Follow local customs and laws to avoid any misunderstandings or legal issues. ⚖️ Before booking, check the latest travel restrictions – they can change quickly.🔄 And remember, if you're a dual citizen, use the same passport for both your visa application and travel.📑 So, plan ahead for a smooth, stress-free journey. 🧳

Visit saudi-visa.org for all the need-to-know tips and information. Safe travels! 🌟

#saudivisa #evisa #visa #application #onlinevisa #saudiarabia #passport #laws #legalissues #travel #travelrestriction #saudijourney #safetravels

0 notes

fundamentalrights · 1 month

Text

youtube

0 notes

usnewsper-business · 1 month

Text

Smile Direct Club Faces Legal and Money Troubles: What's Next for Remote Orthodontic Treatment? #alternativetotraditionalbraces #financialstruggles #legalissues #remoteorthodontictreatment #SmileDirectClub

#Business #alternativetotraditionalbraces #financialstruggles #legalissues #remoteorthodontictreatment #SmileDirectClub

0 notes

brianrosslawca · 2 months

Text

Is This Going to Make Me Look Bad?

Sometimes, what we say or do after an event happens can be used against us at trial. This is called “post-offence conduct”. This is because evidence of what a person said or did after an offence was committed can be relevant to deciding whether it was that person who committed it and/or what was their ‘state of mind’ when they committed it read more here

#postoffenceconduct #legalissues

0 notes

ppcseo · 2 months

Text

#AccountingAssignments #HiringHelp #AcademicIntegrity #LegalIssues #HomeworkAssistance #TutoringOptions #Plagiarism #TimeManagement

0 notes

universityofidaho04 · 2 months

Text

The Pros & Cons of Social Media for Athletic Trainers

Social media is everywhere, and while it can be distracting, it also offers valuable tools for athletic trainers (ATs). Here's a breakdown of how athletic trainers can use social media effectively, the potential downsides, and some key guidelines to follow:

How Can Athletic Trainers Use Social Media?

Promote their organization: Increase visibility and attract new patients.

Provide patient care: Use secure platforms for monitoring health, encouraging healthy habits, and facilitating communication.

Educate patients: Share reliable information through blogs, videos, and online communities.

Why is Social Media Valuable for Athletic Trainers?

Patients are already using social media to connect with healthcare providers, learn about services, and interact with others.

Athletic trainers can leverage these platforms to connect with patients, promote their services, and improve patient outcomes.

What are the Downsides of Social Media?

Unprofessional content: Posting inappropriate content can damage your professional image.

Boundary violations: Connecting with patients on social media can compromise professional boundaries.

Legal and licensing issues: Inappropriate use can lead to disciplinary actions and legal issues. HIPAA regulations require protecting patient privacy online.

How to Use Social Media Professionally:

Share credible information only.

Be mindful of legal concerns (privacy, copyright).

Follow your state's licensing requirements.

Don't contact patients to connect on personal networks.

Avoid giving specific medical advice online.

Protect patient privacy with strong security settings and obtain consent when necessary.

Maintain separate personal and professional profiles.

Disclose any financial or in-kind compensation received.

Social media can be a powerful tool for athletic trainers, but it's important to use it ethically and responsibly. By following these guidelines, athletic trainers can leverage the benefits of social media while avoiding potential pitfalls.

#athletictraining #healthcare #socialmedia #healthcareprofessional #socialmediabenefits #socialmediarisk #socialmediaguidelines #patientprivacy #legalissues #licensing #universityofidaho

0 notes

swadeshlive · 3 months

Text

बिहार में राजनीतिक उलटफेर के बीच लालू परिवार की बढ़ी मुश्किलें, अदालत ने राबड़ी देवी समेत इन लोगों को भेजा समन

Swadesh Live| Madhya Pradesh News In Hindi| Breaking News In Hindi| Trending News In Hindi|

#BiharPolitics #LaluFamilyTroubles #LegalIssues #RabriDevi #PoliticalUpsandDowns #BiharChallenges #LegalSummons #PoliticalTurmoil #LaluPrasadYadav

0 notes

fullyfundedscholarships · 4 months

Link

Ethical and Legal Issues in Veterinary Medicine

#EthicalandLegalIssues #EthicalandLegalIssuesinVeterinaryMedicine #LegalIssues #LegalIssuesinVeterinaryMedicine #VeterinaryMedicine

0 notes

soolegal · 5 months

Text

𝐂𝐡𝐨𝐨𝐬𝐢𝐧𝐠 𝐭𝐡𝐞 𝐫𝐢𝐠𝐡𝐭 𝐥𝐚𝐰𝐲𝐞𝐫 can make the difference between a pleasant experience and a frustrating experience.

SoOLEGAL's "𝐍𝐄𝐄𝐃 𝐀 𝐋𝐀𝐖𝐘𝐄𝐑" section can help you hiring the best lawyer that suit your case needs.

#needalawyer #SoOLEGAL #legaladvice #legalissues #hirelawyer #lawfirm #attorneys #advocates #lawyers

0 notes

advocaterightscenter · 5 months

Text

🚀 Advocate Rights Center Launches New Website: The Trusted Source for Mass Tort Marketing and Intake! 💯

Today marks a milestone for justice seekers and legal professionals alike as we, at Advocate Rights Center, proudly unveil our new website: https://advocaterightscenter.com 🗓️

At Advocate Rights Center, we're not just launching a website; we're revolutionizing the landscape of mass tort marketing and intake solutions. 🔥

Our commitment to precision and excellence is not just a promise; it's the foundation upon which we've built a trusted resource for law firms engaging in mass tort cases. ☄️

Here’s what to expect in our site: 👇

🌐 Explore the Future of Mass Tort Marketing

Advocate Rights Center is your dedicated ally in helping victims obtain justice after exposure to dangerous consumer products, medical devices, medications, and toxic substances.

Our President and Founder, Robert Wilson, shares, "Since our first mass tort intakes in 2019, the feedback has been consistent: We generate the most accurate, complete, and comprehensive intakes leading to more filed cases on an intake-to-intake basis."

🔍 The Power of a Precise Intake: Accuracy, Completeness, Comprehensiveness

In the realm of mass tort and product liability, qualifying prospective claimants can be daunting. We understand the unique challenges faced by law firms. That's why we focus on three key qualities of a Precise Intake:

1️⃣ Accuracy: Save time and resources with reliable and precise information from the start. Our rigorous screening process aims to eliminate inaccuracies, providing law firms with dependable data.

2️⃣ Completeness: We streamline the process by generating complete intakes, reducing the burden on law firms, increasing productivity, and ensuring all necessary information is recorded in the client's file.

3️⃣ Comprehensiveness: Building strong cases requires a comprehensive understanding of each claimant's situation. Our team is dedicated to providing law firms with a wealth of information that leads to more satisfied clients, increased efficiencies, and a higher return on investment.

🤝 Your Success, Our Priority!

We are excited to introduce Advocate Rights Center as the go-to resource for law firms seeking precise mass tort marketing and intake.

For more information about Advocate Rights Center and our services, visit us now at https://advocaterightscenter.com.

➖➖➖

👨‍💼 My name is Robert.

💼 I am told my firm generates the most accurate, complete, and comprehensive intakes that lead to more filed cases on an intake-to-intake basis. Put me to the test!

🎓⚖️ Juris Doctorate who clerked with a well-respected mass tort attorney serving on 5 Plaintiff Steering Committees and co-lead counsel of two. I know my stuff!

Enjoy this post and want more?

Ring the 🔔 on my Profile

#legalissues #law #strategy #business #consultants #legalleads

0 notes

legalsteptamil · 6 months

Video

youtube

விசாரணையின் போது காவல் நிலையத்தில் வீடியோ பதிவு செய்ய தடை இல்லை No ban o...

#youtube #Legal Law Justice LegalNews LegalIssues LegalSystem LegalAdvice LegalRights LegalHelp LegalMatters LegalCommunity LegalSupport LegalResource

0 notes

legalfundservices · 6 months

Text

Statutory Compliances in the Chemical Industry: Best Practices to Avoid Disputes

The chemical industry is an economic powerhouse responsible for the production of a vast array of chemical products, including pharmaceuticals, petrochemicals, specialty chemicals, and basic chemicals used as raw materials in various sectors. Its operations involve multiple stages of production, handling, and transportation. Due to the potential hazards and environmental impact of its activities, this industry is subject to stringent regulations, making statutory compliance of utmost importance.

#legalsystem #litigation #legalissues #ChemicalIndustry

1 note · View note

leadindia011 · 7 months

Text

youtube

We delve into the legal aspects and provide valuable insights on what you should do if you find yourself convicted in a cheque bounce case. Understanding the complexities surrounding this legal issue is crucial, and that's why we are here to guide you through the process. Cheque bounce cases can be daunting, but it's important to remember that you still have options at your disposal. Dealing with legal matters can be overwhelming, but understanding the law related to cheque bounces is essential for safeguarding your rights and ensuring a fair outcome. Cheque bounce incidents can occur due to various reasons such as insufficient funds, signature mismatch, or even unintentional errors. If you find yourself in such a predicament, it is crucial to approach the situation with a clear mind and follow the proper legal procedures. Our goal is to empower you with the knowledge you need to assert your rights effectively. We explore the legalities involved,

0 notes