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Dowry Death: Supreme Court Cancels Husband’s Bail in Shocking Poisoning Case

18Feb

By The Legal ChamberNo Comments

Supreme Court

Dowry Death: Supreme Court Cancels Husband’s Bail in Shocking Poisoning Case

The Supreme Court annulled the bail granted to a husband accused of dowry death, holding that the High Court erred by ignoring the statutory presumption under Section 113B of the Evidence Act and the gravity of offences under Sections 304B and 498A IPC. Bail orders ignoring material evidence and established legal principles are perverse and liable to be set aside. Facts Of The Case: The appellant's daughter was married to the first respondent on 22.02.2023. Within four months of the marriage, on 05.06.2023, she died under suspicious circumstances after allegedly being forced to consume a poisonous substance. Prior to her death, she had complained to her family about persistent harassment and a demand for a Fortuner car as additional dowry by her husband and his relatives. On the night of...

Supreme Court on Oral Gifts: Why Possession is Key in Muslim Law (Hiba)

The Supreme Court clarified that a valid Hiba (gift under Muslim Law) requires conclusive proof of declaration, acceptance, and delivery of possession. Mere oral claims or a memorandum are insufficient without contemporaneous evidence of the donee acting upon the gift. The Court also emphasized that declaratory suits must be filed within three years from when the right to sue first accrues, and long delays can render a suit barred by limitation. Facts Of The Case: Khadijabee was the original owner of an agricultural land. She allegedly made an oral gift (Hiba) of 10 acres to her daughter, Syeda Arifa Parveen (the Plaintiff), in 1988, followed by a memorandum of gift in 1989. After Khadijabee's death in 1990, her husband, Abdul Basit, mutated the entire property in his name. In 1995, ...

Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case

The Supreme Court acquitted the appellant of charges under Section 498-A IPC. It held that the conviction, based solely on uncorroborated testimony of interested witnesses, was unsustainable. The Court emphasized that cruelty under Section 498-A must be proven by continuous or persistent conduct likely to drive a woman to suicide, which was not established by the prosecution evidence. Facts Of The Case: The case originated from the death of Chandra Devi, who was found deceased in her matrimonial home on June 15, 2001. Her father, Dharmanand Joshi (PW-1), filed a complaint the next day, alleging that his daughter had committed suicide by hanging. He reported seeing wounds on her body and expressed suspicion about her death, stating that the deceased had previously told him her mother-in-l...