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 V.S. Sirpurkar & Cyriac Joseph Vijeta Gajra Vs. State Of Nct Of Delhi on 8 July 2010 Law Point: Appellant was not ‘relative’ in any manner as referred to in Section 498A, IPC – No caseis made out for her prosecution under Section 498A JUDGEMENT 1. Leave granted. […]
Court: Gujarat High Court Bench: JUSTICE Rajesh H. Shukla Tarlochan R. Jhaveri Vs. State Of Gujarat & Ors. Decided on 6 August 2012 Law Point: When the statute provides for specific remedy and procedure, then extraordinary jurisdiction or writ jurisdiction or inherent powers are not required to be exercised — Parties should be relegated to […]
Court: Karnataka High Court Bench: JUSTICE K. Sreedhar Rao Mohammed Ilias Vs. State Of Karnataka on 9 April 2001 Law Point: Cruelty, Attempt to Murder : Accused Absconding : Case Split up and Charge Sheet Laid Against other Accused, who were Acquitted : Evidence Produced in case of Accused cannot be Different from One Produced […]
Court: JHARKHAND HIGH COURT Bench: JUSTICE Amareshwar Sahay Niranjan Chatterjee & Ors. Vs. State Of Jharkhand & Anr. on 2.April 2003 Law Point: Quashing of proceedings: Cruelty, demand of dowry: Allegations made in complaint constitute offences under Section 498-A, I.P.C. and Section 3/4 , Dowry Prohibition Act : At stage of taking cognizance Court to […]
Court: Supreme Court Of India Bench: JUSTICE Aftab Alam & Ranjana Prakash Desai Chandralekha & Ors. Vs. State Of Rajasthan & Anr. on 14 December 2012 Law Point: Criminal Breach of Trust, Cruelty — Quashing of FIR — Allegations are extremely general in nature — No specific role is attributed to Husband and his Family. […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: PUNJAB AND HARYANA HIGH COURT Equivalent citations: 2003 (1) AWC 344 SC, (2003) 2 CALLT 23 SC Bench: Justice Nirmaljit Kaur Arun Kumar Etc vs Pinki Rani on 26 March, 2010 Mr. M.S. Khaira with Mr. […]
Court: Bombay High Court Bench: JUSTICE D Deshpande, S Bobde Kiran Tulshiram Ingale vs Anupama P. Gaikwad And Ors. on 25 July, 2006 Law Point: The criminal proceedings against Husband so also his conviction quashed in view of the mutual understanding, divorce and compromise between Husband and Wife. JUDGEMENT 1. Heard advocates for the petitioner […]