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wilson (service)     13 April 2009

CANT V FILE PIL IN SC ABT DVC ACT?

when judges themselves admit that 98% petitions are false and misused by females, no advocate in New Delhi cant file a public litigation case requesting to remove the anamolies in this act?  so that many suicides can be averted  ....

As i am only a common man i just asking this with a reqeuest to advocate members to advise.



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 2 Replies

Swami Sadashiva Brahmendra Sar (Nil)     14 April 2009

Recently The Supreme Court has held that a law cannot be declared invalid simply on the ground that it is likely to be misused.

A bench comprising Justices Arijit Pasayat and M K Sharma while upholding the conviction of a husband under section 498-A IPC (Cruelty for dowry) noted ‘It is well settled that mere possiblity of abuse of a provision of law does not per se invalidate a legislation.’ ‘It must be presumed, unless the contrary is proved, that administration and application of a particular law would be done 'not with an evil eye and unequal hand.’ The apex court also took note of the fact that the object of introducing Sec 498-A IPC was to check dowry as the increase in the number of dowry deaths was a matter of serious concern.
 

N.K.Assumi (Advocate)     14 April 2009

I ABSOLUTELY AGREE WITH THE REASONINGS OF THE HONBLE JUDGES.THANK YOU FOR THE INFORMATIONS, AS IT IS  VERY INFORMATIVE WITH REGARD TO INTERPRETATION OF STATUES.


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