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Archive for November 9th, 2008

FIR filed 1 month after incident is too late: Supreme court

Posted by iluvshrutiverma on November 9, 2008

Convicting a person on basis of belated FIR dangerous: SC; New Delhi | Saturday, Nov 8 2008 IST

In a significant ruling, the Supreme court has held that it is unsafe to convict a person on the basis of an FIR lodged belatedly without explaining the delay. A bench comprising Justices C K Thakker and D K Jain upheld the judgement of the Andhra Pradesh High Court dated April 12, 2006, acquitting her husband in a case of dowry harassment.

The apex court observed, ”We are convinced that in the light of the overall evidence analysed by the High Court, the order of the acquittal of the respondent is well merited and does not call for interference, particularly when the FIR was lodged by the complainant more than one month after the alleged incident of forcible poisoning.” ”Time and again, the object and importance of prompt lodging of FIR has been highlighted. Delay in lodging the report more often than not, results in embellishment and exaggeration, which is a creature of an afterthought,” the apex court noted.

”A delayed report not only gets bereft of the advantage of spontaneity, the danger of the introduction of coloured version, exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serios doubt on its veracity,” it said. ”Therefore, it is essential that the delay in lodging the report should be satisfactorily explained,” the court added. In the present case, three members of in-laws’ family were acquiitted by the trial court but husband M Madhusudan Rao was sentenced to one-year imprisonment with a fine of Rs 8000. The High Court, however, acquitted the husband also. The SC dismised the appeal of the AP government.

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Longest running Court Case, India: 175 yrs

Posted by iluvshrutiverma on November 9, 2008

175 years later, West Bengal case goes on and on
9 Nov 2008, 0445 hrs IST, Neelam Raaj, TNN

KOLKATA: The wheels of Indian justice grind slowly, but there are times when they don’t move at all — as has happened with the record-breaking case of an erstwhile Bengali royal family’s proverty. The matter,
which is now in the Calcutta High Court, has been pending for 175 years, making it perhaps the country’s longest-running case.

The property belonged to Raja Rajkrishna Deb, a 17th-century landlord of Bengal’s Shovabazar royal family. Now, the Raja’s descendents — some 200 of them — are demanding it.

The stakes are high — some seven mansions in north Kolkata, nearly 100,000 acres of land in what is now Bangladesh, large tracts of land in at least three districts of West Bengal, and half of erstwhile Sutanati, one of the three villages that make up modern Kolkata.

But all this is still in the hands of a court-appointed receiver. “We are kings in name only. There is no money even to take care of the temples and do puja,” a descendent of the raja told TOI. Incidentally, the Shovabazar Durga Puja is an institution in Kolkata.

The problems began when Raja Rajkrishna Deb died in 1823, bequeathing his estate to his seven surviving sons. But the sons started selling off property to fund their luxurious lifestyles.

The matter first came to court in 1833, when an executor of Rajkrishna Deb’s will lodged a case to try to stop the sale. After pondering the case for 22 years, the judges appointed a British lawyer to oversee
the property and the case dragged on.

Now the heirs want it back but legal experts say it won’t be easy for the high court to take a decision on a case file that’s been gathering dust for nearly two centuries. National and state boundaries have
since changed and a substantial portion of the land once owned by Raja Rajkrishna Deb is now in Bangladesh.

http://timesofindia .indiatimes. com/175_years_ later_West_ Bengal_case_ goes_on_and_on/ articleshow/ 3690564.cms

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Sorry Shruti, DV act is not available for you :(

Posted by iluvshrutiverma on November 9, 2008

My wife has filed all cases that are possible by a wife against her husband (including dowry cases).

I was expecting that a Domestic Violence case will come soon too (and I am sure that she was hoping so too), but now courts have ruled that DV act does not have a retrospective effect. Sorry Shruti my love 😦

New Delhi: An attempt by a woman, who got married 25 years ago, to seek relief from a Delhi court under the Domestic Violence Act for alleged harassment by her husband and in-laws in 1997 has fallen flat.
The court rejected her plea saying that the Protection of Women from the Domestic Violence Act cannot be applied to an incident of harassment with occurred 11 years ago as the woman-friendly legislation
cannot be applied with retrospective effect. “All the allegations of domestic violence and harassment pertain to the period prior to the year 1997, much before the present Act came into force on 2005. The Act also does not have a retrospective effect,” the court said. PTI

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