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: JUSTICE Asha Arora Sukhamay Mondal & Ors. Vs. State Of West Bengal & Anr. On 6 August 2018 Law Point: Criminal Procedure Code, 1973 — Sections 239, 240 — Indian Penal Code, 1860 — Sections 498A, 323 — Discharge — Cruelty — Hurt — Vague and unspecific allegations against […]
Court: Bombay High Court Bench: JUSTICE B.R. Gavai & A.S. Chandurkar Mohd. Sadiq Mohd. Rafiq Vs. State Of Maharashtra On 12 February 2014 Law Point: Indian Penal Code, 1860 — Sections 302, 498A, 201 — Evidence Act, 1872 — Section 106 — Murder — Cruelty — Disappearance of evidence — Circumstantial evidence — Burden of […]
Court: Calcutta High Court Bench: JUSTICE Kanchan Chakraborty Sambhunath Das & Ors. Vs. State Of West Bengal On 3 December 2013 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Evidence Act, 1872 — Section 113A — Abetment of Suicide — Cruelty — Common intention — Death of deceased by hanging in matrimonial […]
Court: Bombay High Court Bench: JUSTICE V.L. Achliya Datta & Ors. Vs. State Of Maharashtra On 13 October 2016 Law Point: Indian Penal Code, 1860 — Sections 306, 498A, 34 — Abetment of Suicide — Cruelty — Common intention — Benefit of doubt — Suicidal death of deceased by burning herself — No cogent, convincing […]
Court: Uttarakhand High Court Bench: JUSTICE U.C. Dhyani Balam Singh Vs. State Of Uttaranchal On 11 August 2015 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Abetment of Suicide — Cruelty — Prosecution not able to prove charges beyond shadow of reasonable doubt — Victim was married to appellant some 8-9 years […]
Court: Rajasthan High Court Bench: JUSTICE Manoj Kumar Garg Hanif Khan Vs. State Of Rajasthan On 5 April 2018 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Abetment of Suicide — Cruelty — Appreciation of Evidence — No offence — Accused-appellant, husband of deceased all the time was away from house, sometimes […]
Court: Delhi High Court Bench: JUSTICE V.K. Shali Chander Kanta Lamba & Ors. Vs. State & Ors. On 21 December 2009 Law Point: Sections 498A, 34 — Cruelty, Common Intention — Charge against petitioners not prima facie made out nor any grave suspicion raised — It is highly improbable to assume that married sisters of […]
Court: High Court Of Calcutta Bench: JUSTICE R.K. Mazumdar Maya Ganguly Vs.The State Law Point: Even if the statements of the complainant and her parents are taken on their face value and accepted in their entirety that the behavior and talks of the complainant was like that of a girl living in a slum or […]
Court: High Court of Bombay Bench: JUSTICE T.K. Chandra Shekhara Das Daud Mohamad Aga and Ors. Vs. State On 03 March 1995 Law Point: Sections 34, 100, 109 and 498A of Indian Penal Code, 1860 and Dowry Prohibition Act, 1961 – State instituted prosecution against petitioners at instance of complainant – on basis of complaint […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & N.V. Ramana Ram Saran Varshney And Others Vs. State Of U.P. and Another On 5 February 2016 Law Point: No clear allegations have been leveled by Wife against any of her sister in laws. Visits by sister in laws cannot be treated as occasions […]