Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court:Calcutta High Court Bench: JUSTICES Tapan Sen & Mrinal Kanti Sinha Kripa Nath Ganguly & Dibanath Ganguly Vs. State of West Bengal On 24 July 2013 Law Point: Indian Penal Code, 1860 — Sections 498A, 306, 34 — Cruelty — Abetment of Suicide — Common Intention — Prosecution case not proved by sufficient reliable evidence […]
Court:Bombay High Court Bench: JUSTICE Sadhana S. Jadhav Nandkishor Shamrao Bhandare Vs. State Of Maharashtra On 06 May 2013 Law Point: Indian Penal Code, 1860 — Sections 498A, 306 — Cruelty — Abetment to suicide — Allegations against husband that deceased committed suicide by jumping out of running Jeep because he quarrelled before incident and […]
Court:Supreme Court of India Bench: JUSTICE N. Santosh Hegde & B.P. Singh Lella Srinivasa Rao Vs. State Of Andhra Pradesh On 26 February 2004 Law Point: Abetment of Suicide, Cruelty : Inconsistency between two dying declarations : High Court gave acquittal under Section 306, IPC : Witnesses declared hostile by prosecution : Prosecution failed to […]
Court:Supreme Court of India Bench: JUSTICE K.R. SOORACHARI Vs. STATE OF KARNATAKA K. R. Soorachari Vs. State Of Karnataka On 13 April 2005 Law Point: Cruelty, Demand of Dowry : No material to connect appellant with offence of cruelty : High Court not noticed any such evidence to justify conviction under Section 498A, IPC : […]
Court: Punjab And Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksen Satinder Kumar Vs. Asha Rani On 15 November 1994 Law Point: Secs. 406, 498-A — Criminal Breach of Trust, Cruelty — Complaint against husband & petitioner-brother-in-law by respondent — Offences u/Secs. 406, 498-A, I.P.C not prima facie disclosed against petitioner, husband’s brother — Maliciously […]
Court: High Court Of Bombay Bench: JUSTICE V.M. Kanade Rajashri Subhash Kamble Vs. Subhash Babanrao Kamble and Ors. On 09 March 2007 Law Point: “The Court cannot convert an order of acquittal into an order of conviction except in exceptional cases particularly when the State has not preferred an appeal against the order of acquittal.” […]
Court: High Court Of Orissa Bench: JUSTICE A.S. Naidu Benumadhab Padhi Mohapatra Vs. State On 28 August 2003 Law Point: Prosecution has completely failed to adduce any iota of evidence that the deceased was at any time subjected to harassment by the appellants on demand of dowry – Ingredients of Sec. 498-A not satisfied – […]
Court: Bombay High Court Bench: JUSTICE T.V. Nalawade Sopan Vs. State Of Maharashtra On 5 November 2012 Law Point: Section 498A — Cruelty — Benefit of doubt — Complaint an afterthought action of complainant, as filed after 2 years of living separate from husband due to some family dispute — Evidence given by complainant and […]
Court: Delhi High Court Bench: JUSTICE R.S. Sodhi Sudesh Kumari Vs. State & Ors. On 28 July 2005 Law Point: Sections 328, 498A, 406, 34 — Causing hurt by means of poison with intent to commit offence, Cruelty, Criminal Breach of Trust, Common Intention : Defence taken by accused more probable and all accused acquitted […]
Court:HIGH COURT OF BOMBAY Bench: JUSTICE M.M. Qazi PARMANAND MISHRA Vs. REKHA MISHRA On 13 May 1994 Law Point: Section 498-A – Acquittal – Held, it did not appear that applicant had conclusively established that the beating and harassment was with a view to force her to commit suicide or to fulfil the illegal demands […]