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: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Shakuntala Vs. State Of Delhi On 26 February 2007 Law Point: Complainant Wife thought of using Sections 406 and 498A, IPC against family members to teach lesson to every body — Court cannot be swayed by feelings of hatred of complainant. Fair and just investigation is […]
Court: Gujarat High Court Bench: JUSTICE D.C. Srivastava Jayesh Rameshbhai Shah & Ors. Vs. State Of Gujarat & Anr. On 7.8.2001 Law Point: Discharge in 498A – Appreciation of Material on Record. Accused discharged on certain provisions of IPC. The Complainant did not tell the cause of injures to doctor; can’t be asked to bring […]
Court: Supreme Court of India Bench: K.Venkataswami, Syed Shah Quadri Arun Vyas & Anr vs Anita Vyas on 14 May, 1999 Law Point: Criminal – discharge – if Magistrate finds that charge against accused do not make out prima facie case and does not furnish basis for framing charge the accused is discharged. JUDGEMENT This […]
Court: Mumbai High Court Bench: JUSTICE P.S.NARAYANA Kumari Sri Uma vs The State Of A.P. Rep By on 10 March, 2010 Law Point: Ingredients of 498A not attracted, discharged JUDGEMENT Heard Sri Ramakrishna, learned counsel, representing Sri Hari Haran, learned counsel for the petitioner, learned Additional Public Prosecutor representing the first respondent and Sri Y.Krishna […]
Court: Supreme Court of India Equivalent citations: 1989 SCR (1) 560, 1989 SCC (1) 715 Bench: Shetty, K.J. (J) Stree Atyachar Virodhi Parishad … vs Dilip Nathumal Chordia & Anr on 8 February, 1989 Mr. Gopal Narain Aggarwal, Adv. For the appellant. Mr.Narinder Kaushik, Adv. For the respondent. Law Point: Moral obligation versus legal obligation ACT: Criminal Procedure Code, 1973: ss. 227 & […]
Court: Supreme Court of India Bench: V.S. Sirpurkar, Deepak Verma Neelu Chopra & Anr vs Bharti on 7 October, 2009 Law Point: 406 Requires Dates of Entrurstment and Date of Denial JUDGEMENT 1. This appeal is against the judgment of the Punjab & Haryana High Court whereby the petition for quashing the criminal proceedings against […]
Court: Supreme Court of India Bench: Dr. Arijit Pasayat, P. Sathasivam Ran Singh And Anr vs State Of Haryana And Anr on 30 January, 2008 Law Point: Need material evidence to prove dowry demand. JUDGEMENT 1. Leave granted. 2. Challenge in this appeal is to the order passed by a learned Single Judge of the […]
Court: Supreme Court of India Bench: Altamas Kabir, A.K. Patnaik Sunita Jha vs State Of Jharkhand & Anr on 13 September, 2010 Law Point: Paramour of husband not under the defination of relative u/s 498A. Discharged JUDGEMENT 1. Leave granted. 2. This Appeal is directed against the judgment and order dated 29th April, 2009, passed […]
Court: High Court of Delhi Equivalent citations: 2003 (1) AWC 344 SC, (2003) 2 CALLT 23 SC Bench: JUSTICE SHIV NARAYAN DHINGRA Bimla Rawal and Ors. versus State (NCT Of Delhi) and Anr on 03.1.2008 Law Point: Jurisdiction explained in criminal offences. 498A complaint transfered on Jurisdiction JUDGEMENT This Writ Petition under Article 226 […]
Court: Supreme Court of India Bench: S.B. Sinha, R.M. Lodha U.Suvetha vs State By Insp.Of Police & Anr on 6 May, 2009 Law Point: Living with “another woman” would not attract the wrath of Section 498A against “other” women JUDGEMENT 1. Leave granted. 2. Whether the term “relative of husband of a woman” […]