Category: 482 Code of Criminal Procedure
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Whether Husband is liable for misappropriation of Stridhan Property?
The question that arose in the case of PRATIBHA RANI VS SURAJ KUMAR AND ANOTHER AIR 1985 SUPREME COURT 628 is whether a case of misappropriation under Section 405 IPC and 406 IPC would entail if a husband misappropriates the stridhan property of the wife. The brief facts are that the High Court had quashed…
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Whether an Executive Magistrate can issue direction to Police for registration of FIR?
The interesting question that arose in the case of Naman Singh v. State of U.P., (2019) 2 SCC 344 : (2019) 1 SCC (Cri) 737 : 2018 SCC OnLine SC 2805 at page 345 was whether an Executive Magistrate was empowered under Section 156(3) Cr.P.C. to issue a direction the police for the registration of an FIR.…
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Mere failure to keep up promise is not cheating – 420 IPC, 415 IPC
A mere failure to keep up promise subsequently cannot be presumed as an act leading to cheating. Supreme Court in Samir Sahay v. State of U.P and Another (2017 SCC OnLine SC 1285)
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SC holds once again distant relatives of husband cannot be accused in 498A IPC
498A Case as against relatives of the husband, maternal uncles of the husband was quashed by the Supreme Court 498A case facts Wife gave a complaint against husband and relatives of the husband, namely his maternal uncles for harassment. She also complained that their son had been kidnapped by the husband to USA. Based on this…