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 J. Chelameswar & A.K. Sikri Ramaiah @ Rama Vs. State Of Karnataka On 7 August 2014 Law Point: Sections 304B, 498A – No explanation for delay in lodging FIR — No suitable justification given by High Court for overturning verdict of acquittal of trial Court — Judgment of […]
Court: Allahabad High Court Bench: JUSTICE Rekha Dikshit Awadhesh Awasthi Vs. State Of U.P. On 19 February 2018 Law Point: Sections 304B, 498A — Prosecution could not prove that deceased was ever subjected to cruelty or harassment by accused appellant which resulted in her death — In absence of proof of such ingredients presumption for […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & S.A. Bobde State Of Karnataka Vs. Dattaraj & Ors. On 15 February 2016 Law Point: Sections 498A, 304B, 34-Allegation is inconsequential with respect to provisions under which accused were charged — High Court was fully justified in acquitting brother, father and mother of respondent-husband […]
Court: Bombay High Court Bench: JUSTICE Rohit B. Deo Rajesh Vs. State Of Maharashtra On 15 March 2018 Law Point: Sections 498A, 304-B — Evidence Act, 1872 — Section 113-B — Dowry Prohibition Act, 1961 — Section 2 — Cruelty — Dowry Death — Evidence of witnesses examined to prove cruelty is inconsistent — Marred […]
Court: Supreme Court Of India Bench: JUSTICE Sudhansu Jyoti Mukhopadhaya & V. Gopala Gowda Asha & Anr. Vs. State Of Uttarakhand On 1 November 2013 Law Point: No convincing and cogent evidence produced — Courts below failed to consider relevant fact, viz., appellants were not in house at the time of incident — Judgment and […]
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: Supreme Court Of India Bench: JUSTICE A.K. Patnaik & Sudhansu Jyoti Mukhopadhaya Vipin Jaiswal (a-i) Vs. State Of A.p. Rep. By Public Prosecutor On 13 March 2013 Law Point: Sections 304B, 498A — Dowry Prohibition Act, 1961 — Section 2 — Dowry Death — Cruelty — Demand of dowry — To hold accused guilty […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & S.H. Kapadia BISWAJIT HALDER @ BABU HALDER & ORS. Vs. STATE OF WEST BENGAL On 19 March 2007 Law Point: Section 304B – No evidence to show any cruelty or harassment for or in connection with demand of dowry — This deficiency in evidence […]
Court: Supreme Court of India Bench: JUSTICE Umesh C. Banerjee & Shivaraj V. Patil Sunil Bajaj Vs. State Of M.P. On 11 October 2001 Law Point: Dowry Death, Abetment of Suicide: Necessary Ingredient of Deceased being Subjected to Cruelty or Harassment by Appealant soon before her Death for or in Connection with Demand of Dowry […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & D.K. Jain M. Srinivasulu Vs. State Of A.P. On 10 September 2007 Law Point: Dowry Death — Presumption — Essentials to be proved to raise presumption — Meaning of expression “soon before” is present with idea of proximity test — No definite period indicated […]