CrPC 156 – Police officer’s power to investigate cognizable case
CrPC 155 – Information as to non-cognizable cases and investigation of such cases
CrPC 154 – Information in cognizable cases
Pokuri Chennamma Vs Pokuri Sambaiah on 14 December, 2016
In this order, Hon’ble court has allowed protection order, Residence order and also directed to give 50 cents of agricultural land mentioned under Ex.P2 to the petitioners 2 and 3 and also an amount of Rs.50,000/- as agreed under Ex.P1 to the petitioners
Chembeti Srilakshmi Vs Chembeti Sreenu on 7 January 2016
This is a good judgment affirming some key aspects in dealing with false DV cases.
From Para 15,
Pw1 did not provide any information regarding the houses possessed by the respondent. She simply pleaded that the respondent possessed landed properties and houses at various places. But to prove her contention no piece of document filed. In other side, the respondent contended that, R2 had registered sale deed in favor of the children of petitioner and Ac.3.00 cents of land was transferred to them. In view of the above circumstances this court feels that the petitioner did not file any believable document to show that the respondents possessed houses. In absence of any details this court can not pass any residential orders. Hence, this issue is answered in favor of respondents.
From Para 19,
As seen the evidence on record, PW-1 did not adduce any evidence to show that her parents had given dowry of Rs.5,00,000/-, 8 tulas of gold and also household articles to the Respondents at the time of her marriage. Except PW-1 evidence, no other witness stated that the Respondents received the dowry amount. Further more, as observed by the Hon’ble High Court of Andhra Pradesh in Thammineni Bhaskar Rao V/s State of A.P reported in 2007(1) ALT (Crl.) 434 at Paragraph 31 observed that Rule 10 of Andhra Pradesh Dowry Prohibition Rules 1998 provides that any offence U/sec. 3 and 4 shall be filed before expiry of one year. In respect of Secs. 3 & 4 of Dowry Prohibition Act, the same applies to this case since in this case also the same allegations leveled against the respondents.
In the present case, the marriage of P.W1 and the 1st respondent took place 8 years prior to date of filing of this petition. Hence, the allegations with regard to the dowry cannot be considered. Therefore the petitioner is not entitled for return of any such dowry amount or any other reliefs. Hence, this court feels that dowry amount can’t be ordered to return.
Shaik Mehataj @ Jareena Vs Shaik Humayun on 3 October, 2016
Some interesting points in this DVC order.
From Para 10,
There is no pleading and evidence of the petitioner before this Court that the respondent no.1 was consuming alcohol even prior to their marriage or that he had started to consume alcohol from the first day of their marriage or immediately thereafter. According to the evidence of the petitioner the respondent no.1 developed sudden addiction towards alcohol after the birth of their child. The said version of the petitioner is difficult to believe as a person who is a teetotaler for couple of years of his marriage, all of a sudden he develops chronic addiction towards alcohol and spendthrift without any reason.
From Para 11,
The petitioner has stated during the course of her cross-examination that only she and the respondents no.1 and 2 only were residing together, and the respondent no.3 to 6 were residing separately. When the respondents no.3 to 6 were not residing along with the petitioner in her matrimonial house then the manner and mode of the alleged subjection of the petitioner to domestic violence must be specifically pleaded and proved by the petitioner. There is no averment in the pleading and evidence of the petitioner the respondents no.3 to 6 were instigating the respondent no.1 for performing second marriage with another woman by coming to the matrimonial house of the petitioner or through other mediums like communication etc., in the presence and hearing of the petitioner, and also about the manner in which, and the modes through which, she was beaten by the respondents no.3 to 6. The petitioner also did not aver and depose the exact abusive words that was allegedly uttered by the respondents no.3 to 6 to her and also the nature of threat that was allegedly given to her by the respondents no.3 to 6 in absence of the respondent no.1.
From Para 13,
and that on one occasion without informing the respondent no.1 she got terminated her pregnancy when she conceived for the second time after the birth of their son, and that the petitioner has been voluntarily residing separately from the respondent no.1. The evidence of the respondent shows that after their marriage the petitioner was insisting him to set up separate family at the village of her parents at Konijedu village, that the petitioner did not like her mother-in-law shall reside along with them, and that after the birth of their son when the petitioner had conceived for the second child then with the assistance of her sister by name Haseena, who is residing at Nellore town, she got terminated the pregnancy without informing him, has not been challenged by the petitioner during the course of his cross-examination. Thus, the unrebutted evidence of the respondent discloses that the petitioner has rather victimized the respondent no.1.
From Para 14,
The cross-examination of PW2 indicates that she had not personally observed the parents of the petitioner giving Rs.1,30,000/- cash, 20 sovereigns of gold ornament, household articles as dowry to the respondents, as such, his evidence can be said to be hearsay in nature, and unreliable in that regard. The cross-examination of PW3 discloses that Rs.1,30,000/- dowry, gold ornaments weighing 20 sovereigns, and household articles were presented in her absence, and that her evidence is also hearsay in nature, and unreliable in that regard. Per contra the cross-examination of PW3 discloses that gold ornaments weighing 20 sovereigns were presented to the petitioner in her marriage. Thus it can be said that the said gold ornaments were not presented to the respondent as dowry by the parents of the petitioner. The evidence of the parents of the petitioner is the best evidence to prove that the alleged presentation of dowry in the marriage of the petitioner and the respondent no.1 to the respondents. It is not the case of the petitioner that her parents are not more alive. The parents of the petitioner are not examined by the petitioner before this Court. Hence, an adverse inference is drawn under section 114(g) of the Indian Evidence Act against the petitioner for not examining her parents to establish the alleged presentation of dowry in her marriage by her parents to the respondents.
From Para 15,
The petitioner has claimed maintenance @ Rs.10,000/- per month from the respondent for herself and her son. The petitioner did not plead and testify before this Court about her inability to maintain herself and her son, and also about the sufficiency of the means of the respondent no.1 to provide maintenance to her and her son.
Ballikurava Kiranmayi Vs Ballikurava Anjaneyulu on 5 May, 2015
The Knife eyed share in houses and in lands of In Laws via this DV Case. Since maintenance was already granted in CrPC 125 case, no maintenance was granted in DVC. As there are no specific allegations of DV on respondent and also incidentally they got acquittal from the 498A case, no protection order was also issued.
Legal Services Authorities in India
Hi All
Listing here the links to the state legal services authorities of various states in India
- Andhra Pradesh State Legal Services Authority
- Andaman and Nicobar Islands
- West Bengal State Legal Services Authority
- Assam State Legal Services Authority
- Bihar State Legal Services Authority
- State Legal Services Authority, UT, Chandigarh
- Chhattisgarh State Legal Services Authority
- Dadra and Nagar Haveli State Legal Services Authority
- Daman and Diu State Legal Services Authority
- Delhi State Legal Services Authority
- Goa State Legal Services Authority
- Gujarat State Legal Services Authority
- Haryana State Legal Services Authority
- Himachal Pradesh State Legal Services Authority
- Jammu and Kashmir State Legal Service Authority
- Jharkhand State Legal Services Authority
- Karnataka State Legal Services Authority
- Kerala State Legal Services Authority
- Lakshadweep Legal Services Authority
- Madhya Pradesh State Legal Services Authority
- Maharashtra State Legal Services Authority
- Manipur State Legal Service Authority
- Meghalaya State Legal Services Authority
- Mizoram State Legal Services Authority
- Nagaland State Legal Service Authority
- Odisha State Legal Service Authority
- Pondicherry Legal Services Authority
- Punjab State Legal Services Authority
- Rajasthan State Legal Services Authority
- Sikkim State Legal Service Authority
- Tamil Nadu State Legal Services Authority
- Telangana State Legal Services Authority
- Tripura State Legal Service Authority
- Uttar Pradesh State Legal Services Authority
- Uttarakhand State Legal Service Authority
- West Bengal State Legal Services Authority
Navigate to this page here if any of the above links fail. There may be update done to the URLs.
Vijayan vs Sadanandan K. & Anr on 5 May, 2009
This is the super judgment from Justice Altamas Kabir and Justice Cyriac Joseph wherein it was held that while awarding compensation under Section 357(3) Cr.P.C., the Court is within its jurisdiction to add a default sentence of imprisonment.