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About Me

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.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
  • info@shoneekapoor.com
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498a/406

Tarun @ Gautam Mukherjee Vs. State Of West Bengal

Court: Supreme Court Of India Bench: JUSTICE G.B. Pattanaik & Doraiswamy Raju Tarun @ Gautam Mukherjee Vs. State Of West Bengal On 4.5.2000 Law Point: Appreciation of Evidence : Charge Not Established — High Court on scrutiny of evidence held that offence under Section 306, I.P.C. not established by prosecution but offence under Section 498-A, […]

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State Of Madhya Pradesh Vs. Dulichandra & Anr.

Court: Madhya Pradesh High Court Bench: JUSTICE Vimla Jain State Of Madhya Pradesh Vs. Dulichandra & Anr. On 01 February 2012 Law Point: Vague allegations of cruelty against Husband. Absence of direct and clinching evidence against Husband in respect of cruelty under Section 498A, IPC to victim. Failure of prosecution to establish guilt beyond reasonable […]

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Jayesh Rameshbhai Shah & Ors. Vs. State Of Gujarat & Anr.

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 […]

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Shekhar Amonkar Vs. State

Court: Bombay High Court Bench: JUSTICE G.D. Kamat & A.A. Halbe Shekhar Amonkar Vs. State Law Point: Apreciation of evidence, benefit of doubt given to accused Husband.     JUDGEMENT   1. Being aggrieved by the conviction for offences punishable under Sections 478-A, 306, 323 and 506 (Part II) of the Indian Penal Code and […]

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B. Venkat Swamy Vs. Vijaya Nehru & Anr.

Court: Supreme Court Of India Bench: JUSTICE Dr. Arijit Pasayat, P. Sathasivam and Aftab Alam B. Venkat Swamy Vs. Vijaya Nehru & Anr. On 25.8.2008 Law Point: Appeal against acquittal — Circumstantial evidence — Prosecution has not established accusations — In cross-examination P.W. 1 categorically admitted that deceased never personally informed him about alleged harassment […]

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Babaji Charan Barik Vs. State

Court: Orissa High Court Bench: JUSTICE A. Pasayat & D.M. Patnaik Babaji Charan Barik Vs. State On 8.10.1993 Law Point: Appreciation of evidence, no evidence for demand of dowry by Husband. Acquitted. JUDGEMENT Was the unfulfilled dowry claim of the appellant Babaji Charan Barik (hereinafter referred to as the ‘accused’) cause of death of his […]

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Umesh @ Banti & Ors. Vs. State Of U.p. & Anr.

Court: Allahabad High Court Bench: JUSTICE Sunil Hali Umesh @ Banti & Ors. Vs. State Of U.p. & Anr. On 31.8.2012 Law Point: Allegations made in FIR are so absurd and inherently improbable on basis of which it is not possible to proceed against accused person. Criminal proceedings quashed. JUDGEMENT 1. Process under Sections 498A, […]

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Bandakuri Parvathi Vs. Bandakuri Vijaya Kumar & Anr.

Court: Andhra Pradesh High Court Bench: JUSTICE L. Narasimha Reddy Bandakuri Parvathi Vs. Bandakuri Vijaya Kumar & Anr. On 11 February 2003 Law Point: Difference between wife and husband cannot be branded as cruelty as defined in Explanation to Section 498A, Indian Penal Code : Ingredients not even alleged, much less proved : Order of […]

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Sangannagari Narasimulu Vs. State Of A.p.

Court: Andhra Pradesh High Court Bench: JUSTICEP. Lakshmana Reddy Sangannagari Narasimulu Vs. State Of A.p. On 22 July 2005 Law Point: Only source of information for mother is that, deceased informed her about alleged harassment. Said statement cannot be taken as gospel truth and weak piece of evidence as deponent is not subjected to cross-examination. […]

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State Vs. Dhruv Kumar Singh

Court: Rajasthan High Court Bench: JUSTICE Sunil Kumar Garg State Vs. Dhruv Kumar Singh On 12 October 2001 Law Point: The complainant did not even breathe the Allegations of Cruelty in Reply to Divorce Petition. No Illegality in Findings of Acquittal recorded by Magistrate based on Appreciation of Evidence. Offence under Sections 498-A and 406, […]

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