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: High Court Of Allahabad Bench: JUSTICE Palok Basu Ramesh Chand vs. State of U.P. and Anr. On 25 November 1991 Law Point: Section 498-A Complaint could succeed only if it can be proved that there was an “unlawful demand” by the husband of some money. Assuming that the husband had asked the wife to […]
Court: Supreme Court of India Bench: JUSTICES S.B. Sinha & Cyriac Joseph Tarsem Singh Vs. State Of Punjab On 12 December 2008 Law Point: Nothing on record to show any demand of dowry made soon before her death — High Court failed to notice no evidence brought on record to show cruelty or harassment was […]
Court:HIGH COURT OF BOMBAY Bench: JUSTICE M.M. Qazi PARMANAND MISHRA Vs. REKHA MISHRA On 13 May 1994 Law Point: Section 498-A – Acquittal – Held, it did not appear that applicant had conclusively established that the beating and harassment was with a view to force her to commit suicide or to fulfil the illegal demands […]
Court: Supreme Court of India Bench: JUSTICES B. Sudershan Reddy & Surinder Singh Nijjar Anil Kumar Gupta Vs. State Of U.P. On 9 March 2011 Law Point: Sections 304-B, 498-A – Cause of death of victim undoubtedly is on account of consumption of poison but no circumstances available on record to conclude that it was […]
Court: High Court Of Orissa Bench: JUSTICE A.S. Naidu Manmatha Kumar Jena and Ors. vs. Smt. Sanjukta Jena On 18 June 2003 Law Point: Quashing of order – Cognizance of offences under Secs. 498-A/506/34, IPC and Sec. 4 of Dowry Prohibition Act – No FIR lodged at any police station – Complainant-opp. party conceived at […]
Court: High Court of Bombay Bench: JUSTICE T.K. Chandra Shekhara Das Daud Mohamad Aga and Ors. Vs. State On 03 March 1995 Law Point: Sections 34, 100, 109 and 498A of Indian Penal Code, 1860 and Dowry Prohibition Act, 1961 – State instituted prosecution against petitioners at instance of complainant – on basis of complaint […]
Court: Andhra Pradesh High Court Bench: JUSTICE K.C. Bhanu Bomma Ilaiah Vs. State Of A.P. On 9 January 2003 Law Point: Section 498-A, Explanation Clauses (a) and (b) — Cruelty : Meaning of cruelty under Clauses (a) and (b) of Explanation to Section 498-A, I.P.C. : Evidence on record does not disclose there was cruelty […]
Court: Supreme Court Of India Bench: JUSTICE Dr. B.S. Chauhan & Dipak Misra Rohtash Vs. State Of Haryana On 22 May 2012 Law Point: Sections 304B, 498A — Criminal Procedure Code, 1973 — Sections 161, 313 — Dowry Death, Cruelty — Benefit of doubt — Deceased alleged to have died by consuming poisonous tablets — […]
Court: Supreme Court of India Bench: JUSTICES Dr. Arijit Pasayat and A.K. Ganguly D. Jayana Vs. State of Karnataka On 06 May 2009 Law Point: For the purpose of Section 304B, the evidence provided by the prosecution is not sufficient. Only evidence relatable was that of a neighbour who was examined about two months from […]
Court: Supreme Court of India Bench: JUSTICES Dalveer Bhandari & Dr. B.S. Chauhan Arulvelu & Another Vs. State Represented By The Public Prosecutor & Another On 7 October 2009 Law Point: Sections 304B, 498A — Dowry Death, Cruelty — Testimony of PWs not reliable — High Court not justified in setting aside order of acquittal […]