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: Andhra Pradesh High Court Bench: JUSTICE P.S. Narayana Cheruku Umapathi Vs. State Of A.P. 31 August 2004 Law Point: Prosecution unable to point out any other legally acceptable evidence to sustain conviction of Husband under Section 498-A, I.P.C.: Conviction and sentence recorded against Husband under Section 498-A, I.P.C. unsustainable and set aside. JUDGEMENT 1. […]
Court: Jharkhand High Court Bench: JUSTICE Hari Shankar Prasad Arjun Ram Vs. State Of Jharkhand And Anr. Decided on 13 May 2004 Law Point: Quashing of order taking cognizance: Cruelty, hurt, theft, bigamy: Complaint case filed only after coming to know of filing of Title (M) Suit for divorce and it is actuated with mala […]
Court: Orissa High Court Bench: JUSTICE R M.M. Das Surendra Hota & Ors. Vs. State Of Orissa Decided on 2 September 2010 Law Point: Complaint petition itself does not disclose commission of any offence committed by petitioners — Rather it reflects anguish of complainant for having been impleaded as OP in case filed for award […]
Court: Patna High Court Bench: JUSTICE Ghanshyam Prasad Shailendra Kumar & Ors. Vs. State Of Bihar & Anr. Decided on 19 February 2007 Law Point: Cost of jewellery given at time of negotiation already returned — Continuance of criminal prosecution would amount to misuse of process of Court. JUDGEMENT 1. Heard. 2. This application under […]
Court: Andhra Pradesh High Court Bench: JUSTICE C.Y. Somayajulu V. Shankaraiah Vs. State Of A.p. Decided on 11 February 2002 Law Point: Abetment of Suicide : No Averment in Charge Sheet or Material on Record to Show Petitioner Either Induced Deceased to Commit Suicide or Aided Suicide of Deceased : He is not Liable to […]
Court: Allahabad High Court Bench: U.S. Tripathi Yogesh Chhibbar Vs. State Of U.P. Decided on 06 December 1999 Law Point: Complaint Filed by Un-authorised Person : Cognizance Wrongly Taken — Dowry Prohibition Officer Not Empowered to File Complaint — Power to file complaint cannot be inferred from analogy of powers of Dowry Prohibition Officer enumerated […]
Court: Punjab and haryana High Court Bench: JUSTICE J.B. Garg Satish Kumar Gogia & Others Vs. State Of Haryana & Another ANOTHER Decided on 2 December 1993 Law Point: Brothers of husband arraigned as accused without substance — FIR quashed a qua them. JUDGEMENT 1. Satish Kumar Gogia is the husband, Prem Dass Gogia the […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.S. Saraf Deepak Shukla Vs. Mahendra Chanpuriya Decided on 31 August 2001 Law Point: Cruelty for Demand of Dowry Alleged to be made on 1.6.1993; Complaint Filed Beyond Three Years of Date 1.6.1993, Barred by Limitation : Allegations Regarding Demand of Dowry Figment of Imagination : Complaint Filed […]
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: 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 […]