when a person can be punished for the offence under section 304B, i.e. Dowry Death, of Indian Penal Code. Legal Provisions with decided case laws and relevant provisions from other laws of India.
A PRESENTATION ON SECTION 304B AND 498A INDIAN PENAL CODE BY DR.SANGEETA CHOWDHRY AND DR. SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE AND TOXICOLOGY, GOVT. MEDICAL COLLEGE JAMMU (J&K)
when a person can be punished for the offence under section 304B, i.e. Dowry Death, of Indian Penal Code. Legal Provisions with decided case laws and relevant provisions from other laws of India.
A PRESENTATION ON SECTION 304B AND 498A INDIAN PENAL CODE BY DR.SANGEETA CHOWDHRY AND DR. SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE AND TOXICOLOGY, GOVT. MEDICAL COLLEGE JAMMU (J&K)
PPT comprises of detailed position of personal and general law on Maintenance, with the specifications as to who are the claimants, criteria of claim and reformation in law, by judiciary.
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
PPT comprises of detailed position of personal and general law on Maintenance, with the specifications as to who are the claimants, criteria of claim and reformation in law, by judiciary.
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
2. (1)Where the death of a woman is
caused by any burns or bodily
injury or occurs otherwise than
under normal circumstances within
seven years of her marriage and it
is shown that soon before her
death she was subjected to cruelty
or harassment by her husband or
any relative of her husband for, or
in connection with any demand for
dowry, such death shall be called
"dowry death", and such husband
or relative shall be deemed to have
caused her death.
DR. N U VYAS SEM I CR. LAW II 2
3. (2) : imprisonment not less than 7
years but may extend to life
imprisonment.
DR. N U VYAS SEM I CR. LAW II 3
4. ESSENTIALS
1. Death of a woman
2. By burns or bodily injury or otherwise than
normal circumstances
3. Within 7 years
4. Soon before
5. Cruelty or harassment
6. Husband or his relative
7. In connection with demand for dowry
DR. N U VYAS SEM I CR. LAW II 4
7. RAJAYYAN V/S
STATE OF KERALA
AIR1998SC1211
“Otherwise than in normal circumstances” mean
that the death was not in usual course but
apparently under suspicious circumstances.
Death of a woman by suicide occurring within 7
years of marriage cannot be described as
occurring in normal circumstances.
DR. N U VYAS SEM I CR. LAW II 7
8. It is emphasized that death must be proved to be
one out of the course of nature and the mere fact
the deceased was young and death was not
accidental is not sufficient to establish that
death have occurred otherwise. AIR1991SC1142
DR. N U VYAS SEM I CR. LAW II 8
9. ASHOK
KUMAR
V/S
STATE
OF
PUNJAB
AIR 1990 SC 2134
where the wife died of self poisoning
within the statutory period, but there
was no proof of cruelty by husband or
others.
DR. N U VYAS SEM I CR. LAW II 9
10. Shanti v/s State of Haryana AIR1991SC1226
DR. N U VYAS SEM I CR. LAW II 10
1. Death of a woman
2. By burns or bodily injury or otherwise than
normal circumstances
3. Within 7 years
4. Soon before
5. Cruelty or harassment
6. Husband or his relative
7. In connection with demand for dowry..
12. SEC. 113B E. ACT.
304B IPC
Kesab Chandra Panda V/s Orissa (1995)1CrLJ174
A Conjoint reading of section 113B and Sec. 304B
shows that there must be material to show that
soon before her death the victim was subjected to
cruelty or harassment. Evidence in this regards has
to be led by Prosecution.
DR. N U VYAS SEM I CR. LAW II 12
13. The evidence showed that cruelty was there. The
accused persons were not able to explain why the
deceased wife committed suicide. The conviction
and sentence under sec. 306,498A, 304B was
maintained..
DR. N U VYAS SEM I CR. LAW II 13
15. SEC. 498A
Willful conduct which likely to drive the
woman to commit suicide or danger to life,
limb or health (Mental & Physical)
Harassment is with a view to coercing her
or any person related to her to meet any
unlawful demand for any property or
valuable security is on account of failure
by her or any related person..
DR. N U VYAS SEM I CR. LAW II 15
16. DR. N U VYAS SEM I CR. LAW II 16
Section is applicable
to husband and his
relatives, which
includes a family
friend also.
18. DOWRY
DR. N U VYAS SEM I CR. LAW II 18
Sec. 2D of Dowry
Prohibition Act,
19. Father gave land to her as a part of
ritual. She was subjected to cruelty to
transfer the same on his name. It was
held that such conduct could not be
said to in connection with dowry
demand.
DR. N U VYAS SEM I CR. LAW II 19
20. PAVANKUMAR V/S
HARYANA
An agreement of dowry is not always
necessary. There was a persistent demand for
a TV set and a scooter. The demand was
related with marriage. It fell within the
meaning of the word dowry Sec. 304B….
AIR 1998 SC 958
DR. N U VYAS SEM I CR. LAW II 20