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1 - 10 of 18 (0.25 seconds)Section 498A in The Indian Penal Code, 1860 [Entire Act]
U.Suvetha vs State By Insp.Of Police & Anr on 6 May, 2009
Shri U.U. Lalit, Learned Senior Counsel, appearing on behalf
of the appellant argued that in U. Suvetha v. State By Inspector of
Police & Anr. [(2009) 6 SCC 757], it was specifically held that in
order to be covered under Section 498A, IPC one has to be a
`relative' of the husband by blood, marriage or adoption. He
pointed out that the present appellant was not in any manner a
`relative' as referred to in Section 498A, IPC and, therefore, there is
no question of any allegation against her in respect of the ill
treatment of the complainant. The Court in this case examined the
ingredients of Section 498A, IPC and noting the specific language of
the Section and the Explanation thereof came to the conclusion that
the word `relative' would not include a paramour or concubine or
so. Relying on the dictionary meaning of the word `relative' and
further relying on R. Ramanatha Aiyar's Advance Law Lexicon,
Volume 4, 3rd Edition, the Court went on to hold that Section 498A,
IPC being a penal provision would deserve strict construction and
unless a contextual meaning is required to be given to the statute,
the said statute has to be construed strictly.
Estate Duty act, 1953
Sri T. Ashok Pai vs Commissioner Of Income Tax, Bangalore on 18 May, 2007
13. Further more, the provision is a penal one. It, thus, deserves
strict construction. Ordinarily, save and except where a contextual
meaning is required to be given to a statute, a penal provision is
Page 7 of 12
R/CR.MA/7344/2014 ORDER
required to be construed strictly. This Court in T. Ashok Pai v.
Commissioner of Income Tax, Bangalore, [ 2007 (8) SCALE 354 ]
held as under :
"19. It is now a wellsettled principle of law that the more is
the stringent law, more strict construction thereof would be
necessary.
Vijeta Gajra vs State Of Nct Of Delhi on 8 July, 2010
7. I may quote with profit the observations made by the
Hon'ble Supreme Court in the case of 'Vijeta Gajra Vs. State of NCT of
Delhi' (Supra) as under:
"7.
Rajeti Laxmi vs State Of Andhra Pradesh on 12 July, 2006
19. We may notice that the Andhra Pradesh High Court in Rajeti
Laxmi v. State of Andhra Pradesh, [ 1 (2007) DMC 797 ], held as
under :
"4. The entire reading of the chargesheet and the statements
Page 9 of 12
R/CR.MA/7344/2014 ORDER
of L.Ws. 1 to 7, goes to show that it is nobody's case of the
accused or the prosecution that A6 is the relative of husband
of L.W. 1. She is only concubine of A1 and having illicit
intimacy with him. Therefore, in the absence of any averment
in the chargesheet or any statement that she is a relative of
A1, I am of the opinion that the offence under Section 498A,
IPC do not attract to A6. Even as per the dictionary meaning
"relative" means a person connected by blood or marriage or
`a species' related to another by common origin". Simply
because A6 is having illicit intimacy with A1, it cannot be
said that she is a relative of A1. Accordingly, the Criminal
Petition is allowed quashing the proceedings in C.C. No.233
of 2004 for the offence under Section 498A, IPC, against the
petitioner,A6. Insofar as the other offences are concerned, it
may go on."
Capt. Rajinder Tiwari vs The State (Nct Of Delhi) [Along With Crl. ... on 14 December, 2006
Similar view was taken by a learned Single Judge of the same High
Court in Capt. Rajinder Tiwari v. The State (NCT of Delhi),
[ Criminal Revision P. No. 872 of 2006 decided on 14.12.2006 ],
stating :