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 J.D. Kapoor Savitri Devi Vs Ramesh Chand & Ors. On 19 May 2003 Law Point: Indian Penal Code, 1860 — Sections 498A, 406 — Misappropriation of dowry articles, Cruelty : Misuse and exploitation of provisions to such an extent that it is hitting at foundation of marriage itself and proved […]
Court: Calcutta High Court Bench: JUSTICE Dibvendu Bhusan Dutta Ajoy KR. Ghosh Vs. Smt. Kajal Ghosh & Anr. On 16 March 1998 Law Point: Sections 406 – There was neither any demand from side of complainant for return of her Stridhan properties nor any refusal on part of petitioners to return them — Absence of […]
Court:UTTARAKHAND HIGH COURT Bench: JUSTICE Servesh Kumar Gupta BALBEER SINGH & ORS. Vs. STATE OF UTTARAKHAND & ANR. On 9 August 2011 Law Point: Sections 406 — Criminal Breach of Trust — If daughter leaves this mortal world for any reason whatsoever, then dominion over the property will not return to father of that woman […]
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:Punjab And Haryana High Court Bench: JUSTICE R.C. Kathuria Dr. Sant Singh Vs. State Of Punjab On 27 April 2002 Law Point: Sections 406/498-A — Complainant made omnibus allegations against petitioners-accused and tried to rope them all as co-accused to face trial : No justification for summoning co-accused on basis of statement of complainant. JUDGEMENT […]
Court: Punjab And Haryana High Court Bench: JUSTICE K.S. Kumaran Raj Pal Singh Vs. State Of Haryana On 26 April 2000 Law Point: Sections 498-A, 406 — Allegations against petitioners (mother-in-law, brother-in-law and sister-in-law of complainant) are general and vague — At one breath complainant stated that dowry articles were handed over to accused Nos. […]
Court:UTTARAKHAND HIGH COURT Bench: JUSTICE Servesh Kumar Gupta RADHA KANT ADHIKARI & ORS. Vs. STATE OF UTTARANCHAL & ANR. On 2 August 2011 Law Point: Sections 323, 498-A, 504, 506 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of proceedings. Allegations made by complainant in her complaint do not prima facie inspire […]
Court: Punjab And Haryana High Court Bench: JUSTICE R.C. Kathuria Harsh Vardhan Arora Vs. Smt. Kavita Arora On 19 February 2002 Law Point: Sections 498-A, 406 — Quashing of Proceedings : Cruelty, Criminal Breach of Trust : Omnibus Allegations made against All Accused in Respect of Demand of Dowry, Harassment, Torture and Beating Given 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 MEHINDER SINGH SULLAR Sanjiv Kumar Vs. State Of Haryana And Another On 21 May 2012 Law Point: Section 498A/406 – Brother-in-law(Jeth), residing separately. The complainant appears to have falsely involved the petitioner in the present case. Therefore, the impugned FIR and all other subsequent proceedings arising therefrom, […]