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 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: JUSTICES N. Santosh Hegde & B.P. Singh Gurucharan Kumar & Anr. Vs. State Of Rajasthan On 8 January 2003 Law Point: Dowry Death : Abetment of Suicide : Evidence on Record does not Suggest Deceased was Subjected to Cruelty or Harassment by her Husband or by her Father-in-law and […]
Court: Madhya Pradesh High Court Bench: JUSTICE Gurpal Singh Ahluwalia Sadhuram Udhvani and Ors. vs. State of M.P. and Ors. On 03 May 2017 Law Point: Quashing of Proceedings – Abetment of suicide – Nothing on record to show that anything was done by accused from which an inference can be drawn that they had […]
Court: Uttaranchal High Court Bench: JUSTICE J.B. Garg Smt Sadhna Pandey And Another Vs. State Of Uttarakhand And Another on 3 May 2017 Law Point: Quashing of proceedings – abetment of suicide – Deceased committed suicide being disturbed by family feud and pending cases relating to matrimonial dispute – FIR was lodged by father of […]
Court: Kerala High Court Bench: JUSTICE Raja Vijayaraghavan V Sindhu Paul and Ors. vs. State of Kerala and Ors. On 13 Novenber 2017 Law Point: Abetment to suicide – In order to convict person u/s 306 IPC, there has to be clear mens rea to commit offence and that there ought to be active or […]
Court: Bombay High Court Bench: JUSTICE A.P. Bhangale State Of Maharashtra Vs. Vasant Kumar On 17 February 2012 Law Point: Sections 306, 498A – Abetment of Suicide — Cruelty — Dying declaration — Not reliable — Dying declaration in question does not spell out offence punishable under Section 306 and Section 498A, IPC. […]
Court: Punjab and Haryana High Court Bench: JUSTICE Ritu Bahri Mangat Singh and Ors. Vs. State of Punjab On 25 January 2017 Law Point: In the absence of any cruelty, dying declaration itself cannot be made basis for conviction-Accused acquitted. JUDGEMENT 1. This appeal has been filed by the appellants against the judgment of conviction […]
Court: Himachal Pradesh High Court Bench: JUSTICES Rajiv Sharma and Vivek Singh Thakur State of Himachal Pradesh Vs. Prem Chand and Ors. On 17 June 2016 Law Point: Abetment of suicide – No evidence on record that deceased was subjected to cruelty by accused prior to her death and cruelty was to such an extent […]
Court: Himachal Pradesh High Court Bench: JUSTICE Dharam Chand Chaudhary and Chander Bhusan Barowalia Varinder Singh vs. State of Himachal Pradesh and Ors. On 23 March 2017 Law Point: Abetment of suicide – Prosecution has is required to plead and prove that one person instigated another person to commit suicide and as a result of […]