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: Calcutta High Court Bench: JUSTICE Kanchan Chakraborty Sambhunath Das & Ors. Vs. State Of West Bengal On 3 December 2013 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Evidence Act, 1872 — Section 113A — Abetment of Suicide — Cruelty — Common intention — Death of deceased by hanging in matrimonial […]
Bombay High Court JUSTICE P.V. Hardas & A.S. Gadkari Balwant Daulat Patil (Dr.) Vs. State Of Maharashtra On 8 April 2014 Law Point: Sections 302, 306, 304B — Appeal against acquittal — No evidence that accused had instigated deceased to commit suicide or had in any manner ill-treated thereby creating a situation which would drive […]
Court: Patna High Court Bench: JUSTICE Aditya Kumar Trivedi Md. Serfuddin @ Sharafa Vs. State Of Bihar & Anr. On 18 December 2013 Law Point: Indian Penal Code, 1860 — Section 498A — Cruelty — Allegation of brutal assault against husband — Testimony of PWs 1 and 2 not reliable — Taking into account nature […]
Court: Delhi High Court Bench: JUSTICE A.K. Sikri & Ajit Bharihoke Naresh Vs. State Of NCT of Delhi On 12 May 2010 Law Point: Indian Penal Code, 1860 — Sections 302, 498A — Criminal Procedure Code, 1973 — Section 313(1)(b) — Murder, Cruelty — Lapse in examination of accused — Incriminating evidence against accused not […]
Court: Bombay High Court Bench: JUSTICE P.D. Kode Sandesh & Ors. Vs. State Of Maharashtra & Anr. On 24 July 2013 Law Point: Indian Penal Code, 1860 — Sections 494, 498A, 323, 34 — Criminal Procedure Code, 1973 — Section 482 — Bigamy — Cruelty — Hurt — Common Intention — Quashing of proceedings — […]
Court: Rajasthan High Court Bench: JUSTICE Sandeep Mehta Krishan Chander (Dr.) & Ors. Vs. State Of Rajasthan & Anr. On 30 March 2013 Law Point: Indian Penal Code, 1860 — Sections 498A, 406, 323 — Cruelty — Hurt — Criminal breach of trust — Appreciation of evidence — Complainant in her belated complaint has without […]
Court: Bombay High Court Bench: JUSTICE T.V. Nalawade State Of Maharashtra Vs. Sahebrao Ramrao Muthe & Ors. On 18 January 2013 Law Point: Indian Penal Code, 1860 — Sections 498A, 306 r/w Section 34 — Cruelty — Abetment to suicide — Common intention — Suicide committed by jumping into well along with one year old […]
Court: Bombay High Court Bench: JUSTICE V.L. Achliya Datta & Ors. Vs. State Of Maharashtra On 13 October 2016 Law Point: Indian Penal Code, 1860 — Sections 306, 498A, 34 — Abetment of Suicide — Cruelty — Common intention — Benefit of doubt — Suicidal death of deceased by burning herself — No cogent, convincing […]
Court: Bombay High Court Bench: JUSTICE B.R. Gavai & Z.A. Haq Pradeep Vs. State Of Maharashtra & Anr. On 30 September 2013 Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 498A, 506, 34 — Quashing of FIR — Cruelty — Criminal intimidation — Common intention — Applicant […]
Court: Orissa High Court Bench: JUSTICE Dr. B.R. Sarangi Braja Kishore Das & Ors. Vs. State Of Orissa On 02 August 2013 Law Point: Indian Penal Code, 1860 — Section 498A — Dowry Prohibition Act, 1961 — Section 4 — Cruelty — Dowry demand — Quashing of cognizance of offence — When main accused already […]