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 N. Santosh Hegde & B.P. Singh Lella Srinivasa Rao Vs. State Of Andhra Pradesh On 26 February 2004 Law Point: Abetment of Suicide, Cruelty : Inconsistency between two dying declarations : High Court gave acquittal under Section 306, IPC : Witnesses declared hostile by prosecution : Prosecution failed to […]
Court: Supreme Court of India Bench: JUSTICES Dipak Misra & Sudhansu Jyoti Mukhopadhaya Ghusabhai Raisangbhai Chorasiya & Ors. Vs. State Of Gujarat On 18 February 2015 Law Point: There is no allegation of any kind of physical torture — Evidence brought on record with regard to cruelty is absolutely sketchy and not convincing — On […]
Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Adarsh Kumar Goel Monju Roy & Ors. Vs. State Of West Bengal On 17 April 2015 Law Point: Sections 304B, 306, 498A — Dowry Death — Abetment of Suicide — Cruelty — Benefit of Doubt — Omnibus allegations against family members of husband. Conviction and […]
Court: Madhya Pradesh High Court Bench: JUSTICE Gurpal Singh Ahluwalia Sadhuram Udhvani and Ors. vs. State of M.P. and Ors. On 03 May 2017 Law Point: Quashing of Proceedings – Abetment of suicide – Nothing on record to show that anything was done by accused from which an inference can be drawn that they had […]
Court: Uttaranchal High Court Bench: JUSTICE J.B. Garg Smt Sadhna Pandey And Another Vs. State Of Uttarakhand And Another on 3 May 2017 Law Point: Quashing of proceedings – abetment of suicide – Deceased committed suicide being disturbed by family feud and pending cases relating to matrimonial dispute – FIR was lodged by father of […]
Court: Kerala High Court Bench: JUSTICE Raja Vijayaraghavan V Sindhu Paul and Ors. vs. State of Kerala and Ors. On 13 Novenber 2017 Law Point: Abetment to suicide – In order to convict person u/s 306 IPC, there has to be clear mens rea to commit offence and that there ought to be active or […]
Court: Punjab and Haryana High Court Bench: JUSTICE Ritu Bahri Mangat Singh and Ors. Vs. State of Punjab On 25 January 2017 Law Point: In the absence of any cruelty, dying declaration itself cannot be made basis for conviction-Accused acquitted. JUDGEMENT 1. This appeal has been filed by the appellants against the judgment of conviction […]
Court: Supreme Court Of India Bench: JUSTICES Rohinton Fali Nariman & Mohan M. Shantanagoudar Heera Lal & Anr. Vs. State Of Rajasthan On 24 April 2017 Law Point: There is no link or intention on part of in-laws to assist victim to commit suicide — In absence of this vital link, mere fact that there […]
Court: Himachal Pradesh High Court Bench: JUSTICES Rajiv Sharma and Vivek Singh Thakur State of Himachal Pradesh Vs. Prem Chand and Ors. On 17 June 2016 Law Point: Abetment of suicide – No evidence on record that deceased was subjected to cruelty by accused prior to her death and cruelty was to such an extent […]
Court: High Court Of Allahabad Bench: JUSTICE Harsh Kumar State of U.P. vs. Sukhoo and Ors. On 12 January 2017 Law Point: Abetment of suicide – In the absence of any specific avertments or evidence with regard to demand of dowry or treating deceased with cruelty, provision of S.113 of Evidence Act is not attracted. […]