Supreme Court of India Judgements

Showing posts with label Dowry Death. Show all posts
Showing posts with label Dowry Death. Show all posts

Monday, 31 December 2018

Dowry Death--Soon before death--Words "Soon before her death" occurring in section 304-B of Penal Code, are to be understood in relative and flexible sense--Those words cannot be construed as lying down a rigid period of time to be mechanically applied in each case--Whether or not the cruelty or harassment meted out to the victim for or in connection with the demand of dowry was soon before her death and the proximate cause of her death, under abnormal circumstances, would depend upon the facts of each case--There can be no fixed period of time in this regard--Penal Code, 1860, Section 304-B.  

sclaw.in
at December 31, 2018
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Labels: Dowry Death

Wednesday, 26 December 2018

Dowry death--No evidence on record to show that the cruelty or harassment was meted out to her for brining insufficient dowry--Ingredient of section 304-B cannot be said to have been proved. Dowry--Meaning of--Giving or agreeing to give any property or valuable security in connection with marriage of the parties--Customary payment in connection with birth of a child and other ceremonies are not covered.

sclaw.in
at December 26, 2018
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Labels: Dowry Death
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Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA's nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.

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