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 Bombay Bench: JUSTICE V.S. Sirpurkar Deokabai vs. Namdeo and Ors. On 22 July 1994 Law Point: Acquittal – Sections 34, 107, 494, 498A and 498B of Indian Penal Code – Case regarding cruel treatment vague and general in nature – evidence of witnesses contradictory – held, revision application liable to be […]
Court: Supreme Court Of India Bench: JUSTICE S.B. Sinha & P.P. Naolekar T. Aruntperunjothi Vs. State Through S.h.o., Pondicherry On 5 March 2006 Law Point: Family members of deceased did not make any complaint themselves rather investigation commenced by FIR lodged by appellant — No reason to disbelieve defence version that cause of death was […]
Court: Supreme Court of India Bench: JUSTICE S.B. Sinha & Lokeshwar Singh Panta Narayanamurthy Vs. State Of Karnataka & Anr. On 13 May 2008 Law Point: Mere evidence of cruelty and harassment not sufficient to bring in application of Section 304B, IPC — It is to be established that “soon before death” deceased was subjected […]
Court: Supreme Court Of India Bench: JUSTICES Altamas Kabir Cyriac Joseph and S.S. Nijjar Bhushan Kumar Meen vs. State of Punjab and Ors. On 02 September 2011 Law Point: No FIR and proceedings taken there under can be sustained when no prima facie case and offence alleged in said FIR has been made out against […]
Court: Himachal Pradesh High Court Bench: JUSTICE Lokeshwar Singh Panta & Arun Kumar Goel Pawna Devi Vs. Chuni Lal On 10 April 1997 Law Point: Section 13(1)(ia) — Cruelty — Not defined under H.M. Act — No strait-jacket formula — Depend upon number of circumstances and facts of case — Factors constituting cruelty — Making […]
Court: Supreme Court of India Bench: JUSTICE H.S. Bedi & Gyan Sudha Misra Maniklal Jain & Ors. Vs. State Of M.P. On 14 July 2011 Law Point: Dowry Death, Cruelty — Only general demands for dowry had been made with respect to other accused and no serious allegations have been levelled against appellant ‘SJ’ — […]
Court: High Court of Delhi Bench: JUSTICE Mohd. Shamim Jagdish Thakkar Vs. State of Delhi Law Point: In a case under S. 498A and 406 bail cannot be denied only on the ground that jewelry and the dowry articles were not recovered. JUDGEMENT 1. This is an application by the petitioner for […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog Rajesh Chander Bhardwaj Vs. State On 19 July 2005 Law Point: Section 438 — Indian Penal Code, 1860 — Sections 498A, 406, 34 — Anticipatory Bail — Cruelty, Criminal Breach of Trust, Common Intention — Complainant still residing in matrimonial house but in separate portion — Complainant and […]
Court: Supreme Court of India Bench: JUSTICES Altamas Kabir & H.L. Gokhale Durga Prasad & Anr. Vs. State Of M.P. On 14 May 2010 Law Point: Sections 304B, 498A — Evidence Act, 1872 — Sections 113A, 113B — Dowry Death, Cruelty — Presumption — Benefit of doubt — It will not be sufficient to only […]
Court: Supreme Court Of India Bench: JUSTICES C.K. Thakker and D.K. Jain State of Andhra Pradesh Vs. M. Madhusudhan Rao On 24 October 2008 Law Point: Criminal – Cruelty – Acquittal by HC- Delay in filing FIR – Trial Court found Accused guilty of the offence punishable under Section 498A IPC and accordingly sentenced him […]