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The bench observed that the Section 498A had become a powerful weapon for disgruntled wives, where innocent people were arrested without any evidence due to non-bailable and cognizable nature of the law. [6] [13] The Supreme Court said that the anti dowry law (Section 498A) is being used by some women to harass their husband and in-laws. The ...
In 2005, Section 498A was upheld by the Supreme Court of India when it was challenged. [75] In 2010, the Supreme Court spoke about the misuse of anti-dowry laws in Preeti Gupta & Another v. State of Jharkhand & Another and more detailed investigation was recommended. [76]
IPC 498a review-On 23 April 2018, the Supreme Court heard arguments and reserved its judgement on a review petition filed against an earlier order of the Court which had outlawed immediate arrests under this provision of IPC 498a.On 14 September 2018, it set aside the earlier judgement and left it to the parliament to enact suitable guidelines.
National Legal Services Authority v. Union of India (2014) is a landmark judgement of the Supreme Court of India, which declared transgender people the 'third gender', affirmed that the fundamental rights granted under the Constitution of India will be equally applicable to them, and gave them the right to self-identification of their gender as male, female or third gender.
A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." [1] Where cases are published on paper, the citation usually contains the following information: Court that issued the decision. Report title.
In November 2003, the Committee on Reforms in the Criminal Justice System (CRCJS), headed by V. S. Malimath, recommended that Section 498a be made bailable and compoundable. [44] [61] In July 2005, the Supreme Court admitted that in many instances complaints under the Section 498a of the Indian Penal Code are not bona fide and have oblique ...
Even though misuse of Section 498A was not established, more recently the Supreme Court came out with directives that every complaint received by the police under Section 498A must be referred to a Family Welfare Committee before the police can arrest the perpetrator. [70] [71] More glaringly, the law only offers reliefs to women.
Kelo v. City of New London, 545 U.S. 469 (2005), [1] was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment.
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