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: 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: Delhi High Court Bench: JUSTICE Pratibha Rani Mohd. Aslam and Ors. vs. State (NCT of Delhi) On 11 September 2017 Law Point: Recently tendency had developed for roping in all relations of in-laws as accused persons and this appears to be case here too – Prosecution had failed to prove either any dowry demand […]
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: Delhi High Court Bench: JUSTICES Vipin Sanghi and P.S. Teji State Govt. of NCT of Delhi vs. Ram Gopal On 01 November 2017 Law Point: Cruelty – Dory Death – It is necessary to establish offence u/s 498-A IPC to prove charges u/s 304-B IPC. JUDGEMENT 1. The State has filed the application under […]
Court:Calcutta High Court Bench: JUSTICE A K Basu, K Mukherjee Bipul Ranjan Paul vs State Of West Bengal On 15 March 2007 Law Point: Criminal- Dowry- Homicidal death- Section 498A, 304B and 306 of Indian penal Code, 18660- Appellant convicted for setting ablaze his wife over demand of dowry- Hence the instant appeal- Whether the […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Raj Rani Vs. State On 23 February 2011 Law Point: Sections 304B, 498A — Bail — Dowry Death, Cruelty — Grant of bail to appellant mother-in-law — If role of two accused persons is same in a crime and Court considers one fit for granting bail, […]
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 […]