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: Orissa High Court Bench: JUSTICE R M.M. Das Surendra Hota & Ors. Vs. State Of Orissa Decided on 2 September 2010 Law Point: Complaint petition itself does not disclose commission of any offence committed by petitioners — Rather it reflects anguish of complainant for having been impleaded as OP in case filed for award […]
Court: Madhya Pradesh High Court Bench: JUSTICE R.P. Awasthy Sheetal Prasad Gaur And Others Vs. Bhagwandas Decided on 25 April 1994 Law Point: Alleged commission of offences punishable under Secs. 294, 506-B and 500 r/w Sec. 120-A I.P.C. — Filed with ulterior motive of harassing the petitioners — Allegations patently absurd and inherently improbable — […]
Court: Patna High Court Bench: JUSTICE Ghanshyam Prasad Shailendra Kumar & Ors. Vs. State Of Bihar & Anr. Decided on 19 February 2007 Law Point: Cost of jewellery given at time of negotiation already returned — Continuance of criminal prosecution would amount to misuse of process of Court. JUDGEMENT 1. Heard. 2. This application under […]
Court: Patna High Court Bench: JUSTICE Abhijit Sinha Santosh Kumar Maurya @ Santosh Kumar Vs. State Of Bihar & Anr. Decided on 13 August 2009 Law Point: No specific instances of alleged torture or cruelty with exact date and time as also location furnished — General and bald statement of victim being subjected to torture […]
Court: Andhra Pradesh High Court Bench: JUSTICE C.Y. Somayajulu V. Shankaraiah Vs. State Of A.p. Decided on 11 February 2002 Law Point: Abetment of Suicide : No Averment in Charge Sheet or Material on Record to Show Petitioner Either Induced Deceased to Commit Suicide or Aided Suicide of Deceased : He is not Liable to […]
Court: Delhi High Court Bench: JUSTICE S.C. Jain V. Chandrasekharan Vs. Vasantha & Anr. Decided on 26 August 1993 Law Point: Plea of entrustment of jewelry and refusal to return demand for the first time — Other litigation pending — Whether proceedings liable to be quashed ? (Yes). JUDGEMENT 1. Shri V. Chandrasekharan, the petitioner […]
Court: Allahabad High Court Bench: U.S. Tripathi Yogesh Chhibbar Vs. State Of U.P. Decided on 06 December 1999 Law Point: Complaint Filed by Un-authorised Person : Cognizance Wrongly Taken — Dowry Prohibition Officer Not Empowered to File Complaint — Power to file complaint cannot be inferred from analogy of powers of Dowry Prohibition Officer enumerated […]
Court: Rajasthan High Court Bench: JUSTICE S.C. Mital Moka Ram Vs. State Of Rajasthan & Anr. Decided on 2 June 2000 Law Point: Cognizance of offence taken on vague statements recorded By Investigation Officer of the rank of Dy. Superintendent of Police : No Specific Allegation Against Petitioner. JUDGEMENT 1. This petition under Section 482, […]
Court: Punjab and haryana High Court Bench: JUSTICE J.B. Garg Satish Kumar Gogia & Others Vs. State Of Haryana & Another ANOTHER Decided on 2 December 1993 Law Point: Brothers of husband arraigned as accused without substance — FIR quashed a qua them. JUDGEMENT 1. Satish Kumar Gogia is the husband, Prem Dass Gogia the […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.S. Saraf Deepak Shukla Vs. Mahendra Chanpuriya Decided on 31 August 2001 Law Point: Cruelty for Demand of Dowry Alleged to be made on 1.6.1993; Complaint Filed Beyond Three Years of Date 1.6.1993, Barred by Limitation : Allegations Regarding Demand of Dowry Figment of Imagination : Complaint Filed […]