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 D.K. Jain Rajinder Singh Vs. State & Anr. On 13 October 1998 Law Point: Territorial Jurisdiction, Quashing of FIR — Indian Penal Code, 1860 — Section 406 — Criminal Breach of Trust : Trial by Court within whose Local Jurisdiction Offence Committed — Marriage between petitioner and complainant solemnised […]
Court: High Court Of Madhya Pradesh Bench: JUSTICE M. Sharan Vijay Kumar and Anr. vs. Sunita and Ors. Law Point: Offence of criminal breach of trust might be inquired into or tried by a Court within whose local jurisdiction the offence was committed. JUDGEMENT 1. This is a petition under Section 482 […]
Court: High Court Of Jharkhand Bench: JUSTICE Prashant Kumar Prabhakar Jha Vs. The State of Jharkhand and Ashok Kumar On 28 August 2009 Law Point: Even if the allegations made by the complainant was taken to be true on its face value then also the Appellate Court had no territorial jurisdiction to try the case […]
Court: High Court of Delhi Bench: JUSTICE Mohd. Shamim Jagdish Thakkar Vs. State of Delhi Law Point: In a case under S. 498A and 406 bail cannot be denied only on the ground that jewelry and the dowry articles were not recovered. JUDGEMENT 1. This is an application by the petitioner for […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog Rajesh Chander Bhardwaj Vs. State On 19 July 2005 Law Point: Section 438 — Indian Penal Code, 1860 — Sections 498A, 406, 34 — Anticipatory Bail — Cruelty, Criminal Breach of Trust, Common Intention — Complainant still residing in matrimonial house but in separate portion — Complainant and […]
Court: Supreme Court Of India Bench: JUSTICES C.K. Thakker and D.K. Jain State of Andhra Pradesh Vs. M. Madhusudhan Rao On 24 October 2008 Law Point: Criminal – Cruelty – Acquittal by HC- Delay in filing FIR – Trial Court found Accused guilty of the offence punishable under Section 498A IPC and accordingly sentenced him […]
Court: Supreme Court Of India Bench: JUSTICES G.B. Pattanaik and Shivaraj V. Patil State of Haryana Vs. Jasvinder Singh and Ors. On 28 March 2000 Law Point: Conviction cannot be based on infirm evidence. Husband Acquitted. JUDGEMENT 1. This appeal is by the State of Haryana against an order of acquittal recorded […]
Court: Supreme Court Of India Bench: JUSTICES G.B. Pattanaik and S.N. Variava State of Maharashtra Vs. Ashok Narayan Dandalwar On 27 April 2000 Law Point: Section 498A – There is not the slightest assertion in any of the letters complaining against the husband either he was making any demand at any point of time or […]
Court: Supreme Court Of India Bench: JUSTICES Dr. Arijit Pasayat, C.K. Thakker and L.S. Panta Manjula Sinha Vs. State of U.P. and Ors. On 11 July 2007 Law Point: Offences under Sections 498A and 406, I.P.C. –No allegations against appellant in respect of offence under Section 498A–No allegation of torture for demand of dowry against […]
Court: Delhi High Court Bench: JUSTICE Siddharth Mridul Naveen Rana Vs. State On 23 September 2015 Law Point: Anticipatory Bail – Pre-arrest bail under Secs. 498A/406/34 IPC – Applicant has joined investigation and cooperating with the police – Proceedings under sec. 498A/406 IPC are not meant to for recovery of jewellery and dowry articles. Applicant […]