Section 428 ipc. Section 498 IPC 2019-02-11

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Indian penal code: Is it legal to use a stick or baton against an attacking animal ?

section 428 ipc

In India, family has always been prime importance. The bride was expected to serve her husband and his family and ensure their happiness and well being. J 334 held that the accused is entitled to set off in both cases and directed his release forthwith. After sometime, Ram Lagan succumbed to his injuries in the hospital whereas Baij Nath survived. C, the prisoner should show that he had been detained in prison for the purpose of investigation, inquiry or trial of the case in which he is later on convicted and sentenced. Hindu Women and Marriage Law' by Monmayee Basu 3.

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Section 428 in The Indian Penal Code

section 428 ipc

Set off under Section 428 Cr. . Thomas both from the High Court of Kerala initially and from the Supreme Court of India subsequently reflects the correct position in situations where the same accused person while in judicial custody faces trial in two or more cases. Description: Mischief causing damage to the amount of fifty rupees : In this section states that whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with impris­onment of either description for a term which may extend to two years, or with fine, or with both. C postulates a specific order of detention order of remand of the accused to custody in the very same case in which he is convicted and sentenced to imprisonment. Article shared by Legal Provisions of Section 429 of Indian Penal Code, 1860. The offence under this section is non-cognizable, bailable and compoundable when permitted by the court trying the case, and is triable by magistrate of the first class.

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Section 429 in The Indian Penal Code

section 428 ipc

Tribhuwan then went to his house after threatening Ram Lagan and his son that he would come back soon to teach them a lesson. By the same Act section 113-A has been added to the Indian Evidence Act to raise presumption regarding abetment of suicide by married woman. This law will be yet another weapon in the hands of unscrupulous women who will misuse it at the slightest opportunity. The Section only says that the accused must have undergone detention during the stage of investigation, inquiry or trial of the case in which he is sentenced to imprisonment. It was also found that the allegations made in the police complaint by the respondent were void and that such void allegations without proving the same amounted to cruelty.


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Section 498 IPC

section 428 ipc

Period of detention undergone by the accused to be set off against the sentence of imprisonment. The Killing of the animals or maiming of the animals under these sections have to be done out of mischief which is the intent. But the learned Judge did not shirk his duty or commitment to law while heading the three Judges Bench in Najakat Mubarak Ali. Kinds of cruelty covered under this section includes following: a Cruelty by vexatious litigation b Cruelty by deprivation and wasteful habits c Cruelty by persistent demand d Cruelty by extra-marital relations e Harassment for non-dowry demand f Cruelty by non-acceptance of baby girl g Cruelty by false attacks on chastity h Taking away children The presumption of cruelty within the meaning of section 113-A, Evidence Act,1872 also arose making the husband guilty of abetment of suicide within the meaning of section 306 where the husband had illicit relationship with another woman and used to beat his wife making it a persistent cruelty within the meaning of Explanation a of section 498-A. Both cases are under investigation.

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Indian penal code: Is it legal to use a stick or baton against an attacking animal ?

section 428 ipc

It does not confer arbitrary powers on courts. Injustice is a subtle word to describe how women, who commit perjury and harass families for years on end go unpunished. In our considered opinion, the High Court was, therefore, not right in setting aside the entire jail 17 18 sentence of respondent No. Ratnakar Dash, learned senior counsel for the appellant-State and Mr. Not to speak of the things they are persistently demanding from the girl's side, the fact that a large number of articles were taken by her father after her death from her matrimonial abode, showed that there was pressure being exerted on-in laws and continued to be exerted till death for more money and articles. Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.

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Section 428 of Indian Penal Code, 1860

section 428 ipc

It is true that the hardships and sufferings experienced by woman of all communities, minority as well as majority, cannot be overlooked with the help of persuasive or effective freedom of religion. The Chief Justice said that, for the foregoing reasons, the petition is highly misconceived and is being used as a tool to hold the entire household to ransom and jeopardy. In other words, his submission was that though the High Court instead of awarding any jail sentence awarded only the fine of Rs. This is the sensible view which can be taken when there is plurality of cases against the very same accused person. One Ram Lagan deceased was also the resident of same village.

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CrPC 428: Section 428 of the Criminal Procedure Code

section 428 ipc

The sentences were directed to run concurrently. Thus, if we go by the preponderance of judicial opinion, the Judges of the Supreme Court lean in favour of the view that an accused person who is sentenced to imprisonment in a case would be entitled to set off the period of detention undergone by him during the investigation, inquiry or trial of that case in which he has been convicted and sentenced meaning thereby that the detention must have been exclusively for the case in which he is so convicted and sentenced to imprisonment. However, this fact 19 20 must be verified by the Sessions Court on receipt of this judgment. In such a case the period of detention is really a part of the period of imprisonment which he is undergoing having been sentenced earlier for another offence. Our partners use cookies to ensure we show you advertising that is relevant to you. Act , the onus to prove that the cheque was not received by the bank in furtherance of discharging a liability rests upon the drawer of the cheque and not the payee. This appeal is filed by the State against the judgment and order dated 10.

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Section 429 in The Indian Penal Code

section 428 ipc

The opinions expressed in this article are the personal opinions of the author. Mischief under the latter part of this section has thus indirectly become more severe than when the Code was enacted. Every Crime committed has three components which are to be explored. The houses of accused persons and Ram Lagan were situated in the same cluster and were in the close vicinity of each other. Many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. जुलाई 2017 माह में उत्तरी केरल की कन्नूर पुलिस ने युवा कांग्रेस के 16 सदस्यों के खिलाफ आई.


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Indian penal code: Is it legal to use a stick or baton against an attacking animal ?

section 428 ipc

A new legal terrorism can be unleashed by the misuse of the provision. Will the accused be entitled to set off in the Dadar case and if so, can he claim set off even for the period subsequent to the date on which the sentence of imprisonment was imposed in the Sion case? On the strength of the confession by the accused while in custody, the stolen property in the Dadar case is also recovered under Section 27 of the Evidence Act. Having regard to the short controversy, which now remains for decision in this appeal as a result of subsequent events occurring in the case after the incident in question which took place way back in the year 1980, it is not necessary to set out the facts in detail except those which are relevant for the disposal of the appeal. If that be so then he need not undergo any more jail sentence. Dissenting from the view expressed by the two-Judge Bench of the Supreme Court in Raghbir Singh v. In a landmark judgment, the Delhi High Court has ruled that lodging false dowry complaints against men amounts to cruelty and can be a ground for dissolution of marriage.

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Set Off Under Section 428 Cr.P.C

section 428 ipc

S Radhakrishnan and Justice Antony Dominic in Benson v. There is no question of investigating agency and Courts casually dealing with the allegations. If the above two conditions are satisfied then the operative part of the provision comes into play i. Superintendent, Central Jail, , decided on 05. As a consequence thereof, the appeal against Ram Vijay also does not survive for its consideration on merits. That will include dependent parents and siblings who can be male or female.

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