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Showing posts with label S 113A of Evidence Act. Show all posts
Showing posts with label S 113A of Evidence Act. Show all posts
Sunday, 26 January 2025

What is distinction between Section 113A and Section 113B of Evidence Act?

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It is relevant to note that Under Section 113B, the Court shall presume dowry death unlike Section 113A where the provision says that Court ...

Supreme Court: Whether the court must draw presumption under S 113A of Evidence Act if there is no cogent evidence as regards cruelty & harassment

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The law as regards the abetment of suicide punishable Under Sections 306 of the Indian Penal Code is now well settled. It appears that the C...
Sunday, 22 October 2023

Under which circumstance the court can convict accused for offences U/S 498A and S 306 of IPC even though accused were not charged under those sections?

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 Omission to frame charge does not disable the court from convicting the Accused for the offence which is found to have been proved on the e...
Tuesday, 7 March 2023

What are the essential ingredients for applicability of S 113A of Evidence Act?

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   From the bare reading of the said provisions, it clearly transpires that in order to convict a person for the offences under Section 306 ...
Thursday, 6 August 2020

Whether court can convict accused for an offence U/S 306 of IPC if he was charged under S 498A and 304B of IPC?

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  Both the Courts below have found the husband guilty of cruel treatment of his wife and as a result the wife committed suicide within se...
Wednesday, 3 July 2019

Whether husband and his relatives can be convicted for abetment of suicide of wife if they are acquitted in offence U/S 498A of IPC?

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This Court in an illuminating judgment in Ramesh Kumar v. State of Chhattisgarh MANU/SC/0654/2001 : (2001) 9 SCC 618 has stated the law as...
Friday, 22 June 2018

Whether Seeking Financial Help from Wife amount to Cruelty?

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 Insofar   as   the   allegations   of   ill­treatment   are concerned, from the evidence it appears that the prosecution witnesses...