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: Supreme Court Of India Bench: JUSTICE Tarun Chatterjee & R.M. Lodha Pashaura Singh Vs. State Of Punjab & Anr. 13 November 2011 Law Point: Bigamy — Ingredients of Section 494, discussed — In present case ingredients of Section 494 not satisfied — Appellant’s marriage with K was not subsisting on date of second marriage […]
Court: Supreme Court of India Bench: JUSTICE D.P. Mohapatra & P. Venkatarama Reddi Rishi Anand & Anr. Vs. Government Of N.c.t. Of Delhi & Ors. Decided on 20 March 2002 Law Point: Alleged Acts of Beating, Even if Assumed to be Correct, does not make out Case to Proceed under Section 406, IPC. The same […]
Court: Allahabad High Court Bench: JUSTICE Ravindra Singh Amit Garg & Ors. Vs. State Of U.p. & Ors. Decided on 3 May 2011 Law Point: Hurt, Cruelty, Criminal Intimidation, Dowry Demand — Quashing of charge-sheet — CJM took cognizance but not perused the charge-sheet and perused order in a casual manner — He has not […]
Court: Punjab and Haryana High Court Bench: JUSTICE Mehinder Singh Sullar Rajneesh & Ors. Vs. State Of Haryana & Ors. Decided on 24 September 2012 Law Point: Complainant has no objection if impugned FIR and all other consequent proceedings arising thereto against petitioners are quashed — Since the compromise is in their welfare and interest, […]
Court: Rajasthan High Court Bench: JUSTICE B.J. Shethna Subhash Sikhwal Vs. State Of Rajasthan Decided on 13 April 2004 Law Point: D.N.A. Test Application: Sensitive Case : In such Type of Matrimonial Cases, Judge cannot Afford to Sit Tight Over Matter for Long Time : Family Court Directed to Decide Application Expeditiously. JUDGEMENT 1. Notice […]
Court: Supreme Court Of India Bench: JUSTICE V.S. Sirpurkar & Cyriac Joseph Vijeta Gajra Vs. State Of Nct Of Delhi on 8 July 2010 Law Point: Appellant was not ‘relative’ in any manner as referred to in Section 498A, IPC – No caseis made out for her prosecution under Section 498A JUDGEMENT 1. Leave granted. […]
Court: Gujarat High Court Bench: JUSTICE Rajesh H. Shukla Tarlochan R. Jhaveri Vs. State Of Gujarat & Ors. Decided on 6 August 2012 Law Point: When the statute provides for specific remedy and procedure, then extraordinary jurisdiction or writ jurisdiction or inherent powers are not required to be exercised — Parties should be relegated to […]
Court: Madras High Court Bench: JUSTICE K.N. Basha A. Govindarajan & Ors. Vs. Inspector General Of Police Decided on 19 February 2007 Law Point: Quashing of proceedings — Hurt, criminal breach of trust, cruelty, common intention, dowry demand — Points raised by petitioners to be considered only after recording evidence at appropriate time by Trial […]
Court: Karnataka High Court Bench: JUSTICE K. Sreedhar Rao Mohammed Ilias Vs. State Of Karnataka on 9 April 2001 Law Point: Cruelty, Attempt to Murder : Accused Absconding : Case Split up and Charge Sheet Laid Against other Accused, who were Acquitted : Evidence Produced in case of Accused cannot be Different from One Produced […]
Court: JHARKHAND HIGH COURT Bench: JUSTICE Amareshwar Sahay Niranjan Chatterjee & Ors. Vs. State Of Jharkhand & Anr. on 2.April 2003 Law Point: Quashing of proceedings: Cruelty, demand of dowry: Allegations made in complaint constitute offences under Section 498-A, I.P.C. and Section 3/4 , Dowry Prohibition Act : At stage of taking cognizance Court to […]