Recently the Supreme Court of India issuesed new guidelines to prevent the misuse of 498-A of I.P.C. in Rajesh Sharma Vs. State of Uttar Pradesh on 27-07-2017.
In this case the two judge bench namely justice A.K.Goel and U.U.Lalit stated that, not allowed to automatic arrest in 498-A of IPC and also opined that the involvement of civil society in the assistance of administration of justice can be one of the steps, apart from the investigating officers and the concerned trial courts being sensitized, it is also essential to facilitate closure of proceedings where a genuine settlement has been reached instead of parties being required to move High Courts only for that purpose.
The Supreme court observed, “It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women. This Court had earlier noticed the fact that most of such complaints are filed in the heat of the moment over trivial issues. Many such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualized. At times, such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement. This Court had earlier observed that a serious review of the provision was warranted.”
The Bench sought assistance from Additional Solicitor General (ASG) Atmaram Nadkarni and Senior Advocate V Giri as amicus. The Court deliberated the subject of roping in family members to settle a matrimonial dispute.
The Bench stated, “Omnibus allegations against all relatives of the husband cannot be taken at face value when in normal course it may only be the husband or at best his parents who may be accused of demanding dowry or causing cruelty. To check abuse of over implication, clear supporting material is needed to proceed against other relatives of a husband.”
Denne historien er fra December 2017-utgaven av LawZ Magazine.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent ? Logg på
Denne historien er fra December 2017-utgaven av LawZ Magazine.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent? Logg på
Freedom Of The Press: Print Media Near -Vs- Minnesota
This 1931 case is a landmark judgement highlighting the constitutional protection given to the freedom of the press.
Protection To Woman
Well, the Indian Penal code, acts as a sword as well as a shield for the Indian women.
Corporate Governance Past, Present & Future In India
While corporate governance may not dictate the economic prospects of developing countries, it certainly plays an integral role in shaping them. Corporate governance deals with the rights and responsibilities of a company’s management, its board, shareholders and various stakeholders.
Builders Can't Force Buyers To Go For Arbitration
It is a well settled law that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission (‘NCDRC’) and other consumer forums. The issue was, however, reconsidered at length by a Full Bench of the NCDRC, in Aftab Singh v Emaar MGF Land Limited &Anr [Consumer Case No 701 of 2015] in view of the amendments to the Arbitration and Conciliation Act 1996 (‘the Amended Act’).
The Unwanted Acid
Incidents of acid attacks in which the perpetrator throws acid at the face of the victim are on rise. Such acid violence have a specific gender dimension in India as a majority of reported victims have been women. While acid attacks constitute only a fraction of the total number of violent incidents against women, they are among the most horrific examples of brutality inflicted on women.
Iran Deal Withdrawal
WORST DEAL OR WORST MISTAKE
Law Regulating
ELECTIONS IN INDIA
Karl Marx
Karl Marx has been without doubt one of the most influential socialist thinkers till date. Although he was largely ignored by scholars, his social, economic and political ideas gained rapid acceptance.
Virtual Currencies In India Journey So Far
Bitcoin has been the talk of the market yet has the government report closed the doors to its development.
Applicability Of GDPR On Goods And Services Offered Over The Websites Outside The European Union
Applicability of the EU data Protection laws outside its territory and provision for its intl. avoidance
