Love, Marriage & Sex in the city-498A

 

P7 news channel – Kayda Kanoon

P7 news channel – Kayda Kanoon

498a v/s 302

Courtesy: Shekhar

1.302 you are the only accused 498A you along with parents, friends, neighbor, pets etc etc are in the accused list.

2.In 302 if you acquitted in false cases then you are a free man.In 498A if you acquitted in false cases you have to pay maintenance (courtesy CrPc 125 ,24 HMA,DV) Alimony etc etc.

3.In 302 you don´t have to worry for your Hose, Car, Flat bank balance etc etc. In 498 A you have to worry for all these (courtesy DV Act)

4.In 302 your council has a less chance to take you for a ride In 498A you are totally depend in your council and he can take you for ride.

5.In 302 if you arrested you will treated as a “someone” in jail and after that there is many other carrier option like politics, Mafia,Don etc etc In 498A you will treated as a 2nd class citizen in jail. No lucrative carrier option likes above.

6.After 302 bail/acquittal you can spend time with your children.In 498A you are not able to even see your children.List goes on and on.

http://wp.me/plC3a-bj

Big Bang v/s Staggered Approach

Every commando who fights back will reach this stage at some point in time. He will have so much ammunition that he will start to wonder whether to use all of that together (big bang) or use them at regular intervals of time (staggered approach).

Some of the points that he should consider are the following:

1. There is a significant time lag between when you initiate action from your side and when some activity actually happens.

E.g. You might file a complaint with a public authority (police, court, health department) today but it might easily be a few months before they initiate any official action on it.

2. Do not under-estimate your opponent. Big bang approach works well if you are able to break your opponent completely with the big bang, but if the opponent survives then the survivor is much more strong than what he was before.

If the opponent is strong (egoistic), then it is more appropriate to break him down gradually.

3. Keep in mind the future ‘pipeline’ of ammunition. E.g. Defamation and damages are ‘Contingent ammution’ today. They will become real once you have some public authority’s order in your favor. So, if your pipeline is strong, then you can afford to use all your present ammunition today, because next quarter and 2 quarters from today you are expecting new ammunition.

http://wp.me/plC3a-bd

NDTV Video Double Edged Sword

Look at what NDTV has to say:

1. 498A is a law through which all concerned are making money ..

2. “the police is making money, the lawyers are making money, the judges are making money”

3. The police do not conduct any investigation at all ..”not even an iota of it”. They just make the arrest.

4. DV act kicks the husband out of his own house.

http://www.youtube.com/watch?v=MkKTveOYGQg

States told to prevent harassment of husbands

Thursday, 03 December 2009 18:30

http://pib.nic.in/release/release.asp?relid=55062

New Delhi, Dec 3 (IANS) The government has received several representations regarding misuse of an Indian Penal Code (IPC) provision that deals with dowry harassment and an advisory has been issued to state governments to prevent its misuse, the Lok Sabha was informed Thursday.

In a written reply, Minister of Law and Justice M. Veerappa Moily said: “A number of representations have been received from various quarters regarding the misuse of the provision of Section 498A of IPC. Information regarding its misuse is not collected by the National Crime Records Bureau.”

Section 498A of the IPC deals with cases of dowry harassment.

“The matter has been referred to the Law Commission of India to study the use of the provision of this section and hold consultations and suggest amendments, if any, to the provision.

“An advisory has also been issued to the state governments to prevent the misuse of the said section,” he added.

Employers cannot be forced to take back convicts: HC

Various law enforcement (a.k.a police) and criminal trial authorities (a.k.a. courts) need some serious training as to what different sections of I.P.C. mean.

In the below case, the whole trial happened under both IPC 302 and 306.

302 is punishment for murder. 306 is abetment to suicide. Isn’t it common sense that the death was either a murder or a suicide? How can it be both?

(For my blog readers who have advanced knowledge of law: Even if it was suicide that is assumed to be dowry death, then also section 304 (b) should apply and not 302.)

My country is great. A person was in custody for 5 years and absolutely no one (police, court, lawyer) objected to the mis-founded justice.

http://www.dnaindia.com/mumbai/report_employers-cannot-be-forced-to-take-back-convicts-hc_1318652

Mumbai: Employers cannot be forced to retain an employee convicted for a serious offence, ruled the Bombay high court.

In a judgment last week, justice Dr DY Chandrachud set aside two judgments of a labour and industrial court, which early this year had directed Tata Power Limited to reinstate an employee and also pay him back wages since 1998.

The court also ruled that holding of departmental inquiry is not compulsory if the employee stands convicted for a criminal offence.

“Once there is a conviction by a court of law and conviction is of criminal offence involving moral turpitude, the charge of misconduct stands established. In a case, where a workman had been convicted by a court of competent jurisdiction, the holding of departmental inquiry would be entirely superfluous,” observed justice Chandrachud.

The court was hearing an appeal filed by Tata Power Ltd. The power giants had moved high court, challenging the orders of labour as well as industrial courts, which had directed them to reinstate one KT Mane and also to pay him back wages since 1998.

Mane, according to the 14-page judgment, was convicted under section 498A and 306 by a session court in December, 1997. Mane was also arrested under section 302 after his wife died due to burn injuries in December 1993. The session court, however, acquitted him of murder charges, but convicted him for five years imprisonment for the other two charges. He was released from prison in February 1998, as he was in custody since his arrest in December 1993.

The company had then refused him to reinstate on the same post and had also issued him a show-cause notice. Mane then moved labour court that ruled in his favour. Even the industrial court had judged in favour of Mane.

The judgment further says: “Both the labour court and the industrial court failed to appreciate the correct legal position and manifestly erred in holding that the action of the employer of dismissing the workman had to be set aside for want of a departmental inquiry.”

Observing that the workman failed to discharge his moral duties, justice Chandrachud also set aside the lower court’s order of paying back wages to the workman.

The court has also granted liberty to Tata Power to withdraw Rs1.71 lakh deposited with the labour court.

Police inspector commits suicide bec of wife torture

http://timesofindia.indiatimes.com/city/nagpur/PSI-shoots-himself-dead-with-service-revolver/articleshow/5249121.cms

PSI shoots himself dead with service revolver

NOTICE THE BIAS: It is known that the suicide happened because of the torture from wife, and the police is still probing the matter further. If it was a wife who died for any reason, her husband would have been arrested automatically!

AMRAVATI: A police sub inspector, presently posted at Akola Control Room, shot himself with his service revolver in the wee hours of Thursday at Amravati.

According to information from the police department, the deceased PSI has been identified as Amol Datir (42), a resident of Jagriti Colony in Amravati. He had been posted to Akola Control Room some time back. PSI Datir was an intelligent officer, his fellow officers have said. He had completed his MSc and then passed the MPSC exam in the first attempt in 1995.

On Wednesday night, at around 1.50am, Datir shot himself with his service revolver and died on the spot. Sources said that he had a dispute with his wife, who had lodged a complaint against him in 2006 at Akola police station. After this complaint, offences had been registered against PSI Datir under 498 section of IPC. It is also learnt that his wife had filed a case against him and demanded alimony from him. The hearing in this case was scheduled on Thursday.

Datir had been under tremendous tension after his wife lodged the complaint against him, as she had also levelled allegations against Datir’s family members also. Sources also said that Datir had been suffering from peptic ulcer since many days and had been on leave for the last three months. It is conjectured that Datir took the extreme step due to tremendous pressure on him.

Gadge Nagar police have registered offences under relevant sections of IPC and are probing the matter further.