DP Act 7(3) - Protection for Aggrieved Person from Prosecution Archives - Shades of Knife

Ajita David Vs State on 29 Jun 2009

ShadesOfKnife — Sat, 17 Jul 2021 15:56:35 +0000

Inherent bias towards women can lead to incorrect judgments… This judgment totally fails to consider a question (may be not posed to the Court by the Counsels on both sides) isn’t this interpretation violative of Articles 14 and 21, Principles of Natural Justice and many more… More so, since the person aggrieved by the offence […]

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Jamaluddin Ansari Azad Vs State and Anr on 29 Jul 2013

ShadesOfKnife — Sat, 17 Jul 2021 15:39:56 +0000

See the interpretation of a single judge from Delhi High Court. From Paras 11 and 12, 11. In Pooja Saxena (supra) it was observed that the observations made in Neera Singh’s case were obiter and does not constitute a binding precedent for the reason that the provision of Dowry Prohibition Act, 1961 were not the […]

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Sameer Saxena Vs State and Anr on 07 March 2011

ShadesOfKnife — Wed, 17 Jun 2020 06:22:48 +0000

After failure at Delhi High Court here, Supreme Court dismissed the SLP summarily. Sad!

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Chitranjan Dev Goel and Ors Vs State (Nct of Delhi) and Ors on 21 March 2016

ShadesOfKnife — Mon, 15 Jun 2020 15:21:50 +0000

Basing on the Pooja Saxena case here, Parents of women who were alleged to have committed the crime of giving dowry were let free. Citations: [2016 SCC ONLINE DEL 2130], [2016 DLT CN B 229 30] Other Source links: https://indiankanoon.org/doc/134987777/ https://www.casemine.com/judgement/in/5728e42ee56109277ee48517 https://www.quickcompany.in/judgements/judgement-7b760d46-8b0b-48bd-9a45-794161ac3e2c

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Malreddy Ramachandra Reddy Vs C. Vanaja Reddy and Ors on 16 April 2003

ShadesOfKnife — Mon, 15 Jun 2020 09:23:09 +0000

Justice K C Bhanu from AP High Court has held as follows: From Para 2, 2. Petitioner is an accused in C.C. No. 224/1995. Chinna Chowk Police laid a charge-sheet against him, his parents and three sisters for an offence punishable under Section 498-A of the Indian Penal Code and for offences punishable under Sections […]

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Ram Gopal Sah Vs State Of Jharkhand on 03 December 2008

ShadesOfKnife — Mon, 15 Jun 2020 08:45:56 +0000

Justice NN Tiwari had held as follows (without any legal basis): From Para 6, 6. Learned Counsel for the complainant, on the other hand, submitted that the ground for assailing the impugned order by the petitioner is wholly misconceived and baseless. From the allegations made in the complaint, it is evident that the accused persons […]

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PIL – Dowry Givers should be prosecuted (Veerabhadra Rao Pamarathi and Anr Vs UOI and Ors)

ShadesOfKnife — Mon, 15 Jun 2020 06:22:10 +0000

After losing out (didn’t lose the case but didn’t get opportunity to argue in-person) in an earlier attempt here, I decided to take Writ Petition route as I am (along with my parents!) one of the affected person of this biased implementation of a convoluted interpretation of section 7(3) of Dowry Prohibition Act 1961 (amended […]

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Kudarathullah Khan Vs The State of Andhra Pradesh on 21 March 2012

ShadesOfKnife — Mon, 15 Jun 2020 05:56:25 +0000

Justice K C Bhanu from AP High Court has held as follows in one of the shortest and cleanest Judgments I have read: From Para 5, 5. Under Section 3 of the Act if any person, after the commencement of this Act gives or takes or abets the giving or taking of dowry, he shall […]

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Yashpal Kumar Vs Bhola Nath Khanna and Anr on 1 March 2012

ShadesOfKnife — Sun, 14 Jun 2020 17:05:52 +0000

This is a Delhi High Court judgment where a certain conclusion is made without basis. Just an earlier judgment is cited as support even that one lacks justification. Funny. From Para 8, 8. It is thus evident that Section 7 (3) is a non obstante clause and will thus prevail on any other law for […]

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Pooja Saxena vs State and Anr on 20 October 2010

ShadesOfKnife — Sun, 14 Jun 2020 06:42:24 +0000

Read through the Para 11 of this Delhi High Judgment to learn how NOT to draw conclusions from thin air u/s 482 CrPC proceedings. 11. The above observation of this Court obviously is an obiter and does not constitute a binding precedent for the reason that the provisions of the Dowry Prohibition Act 1961 were […]

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